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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Non-disclosure of type of business to be run from the premises - Cannot detract from personal bonafide necessity set-forth by the landlord...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Merely because original landlord died during pendency of appeal preferred by tenant, cannot be a ground to no, suit the legal heirs...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord having sufficient funds and that he can earn reasonable interest from his retiral benefits besides not having any financial liability - Does not make his requirement whimsical or not genuine...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - Once a tenant fails to comply with provisional rent as assessed by Rent Controller nothing remains to be done but an order of eviction has to follow - In case tenant is not happy with assessment of rent of provisional rent, he has a remedy of challenging the same but must..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Landlord means any person who is entitled to receive rent and eviction can be sought by a landlord on grounds mentioned in S.13 of the Act - Eviction is not limited to an application being made by owner himself...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Maintainability - Merely because ground of personal bonafide requirement of landlord for one shop having distinct portions has been invoked itself would not render eviction petition non-maintainable so long as ground relied upon is proved and established on merits by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Impleadment of party - Dismissal of application - Eviction petition - Application U.O.1.R.10 CPC filed after four years of filing of eviction petition against their brother/proforma respondent which itself speaks volumes about their act and conduct that they..........

DELHI HIGH COURT

Year of decision: 2019
Details

Delhi Rent Control Act, 1958, Section 14(1)(e), 14D, 25(b)(4) -- Rent and eviction - Leave to defend - Two applications - Both applications are identical - Merely because tenant has filed another application which is identical to first application does not render his first application redundant - Rent Controller committed error in reviewing its earlier order and recalling..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........

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