East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Landlord alleged to have got vacated other shops from other tenants during pendency of instant petition - According to landlord, same were part of residential premises and vacation will not make any difference as same are part of residential accommodation and have been..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Held, landlord is the best Judge of his needs and a tenant cannot dictate his terms to landlord with regard to suitability of accommodation required by him...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of rent - Held once, petitioner has admitted respondent as his landlord/landlady, there was no occasion of payment of rent to a third person - Eviction proper - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Landlord pleaded that he owns two ships and land measuring 2 biswa and 8 biswas is just adjoining property in dispute and has been mortgaged in favour of one `A' - Contention that landlord is more than 73 years of age and it is not possible for him to start business..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Held, once an NRI landlord fulfills conditions of being NRI landlord and owner of property in dispute for last more than 5 years, a presumption is to be drawn in his favour to the effect that he requires demised property for his personal bona fide need - Such..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Presumption of payment of rent - Held, simply because landlord had not initiated eviction proceeding for six years, by itself is not sufficient to hold that tenant had been paying rent - Payment of rent has to be proved by tenant - No such presumption can be raised on account of delay in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Evidence of attorney - Landlady has pleaded her and her family's requirement for demised premises only for settling business of her grandson who had appeared to depose on behalf of landlady - Held, since need for personal use was very well within knowledge of grandson, therefore, there..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Evidence of attorney - Held, where landlord seeks eviction of his tenant on ground of his bona fide need normally landlord himself has to give evidence and not an attorney-holder - However, where affairs of a party are completely managed, transacted and looked after by an attorney, it..........
