East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Landlord running commission agent business and seeking eviction of tenant from the shop to start business of karyana merchant - Held, Rent Controller shall not proceed to presume that the alleged need is not bonafide when landlord required tenanted premises to expand his business - His need must be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Landlord running commission agent business and seeking eviction of tenant from the shop to start business of karyana merchant - Tenant contended that landlord was having alternative accommodation in the shape of 14 other HUF shops in the same city - Held, it will not debar the landlord to get the demised..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord sought eviction of tenant on the ground of personal necessity - Tenant contended that landlord was in possession of other shops as well in the vicinity out of which four shops were lying vacant and consequently, the need of landlord, could not be said to genuine - Contention of tenant held..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1) -- Eviction petition on ground of arrears of rent - Provisional rent assessed - Extension of time to pay - Rent Controller has no jurisdiction to extend the time to make deposit of the amount as assessed by the Rent Controller beyond the period already fixed by the Rent Controller while assessing the rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 35(b) -- Eviction petition - Non payment of costs - S.35-B CPC is not strictly applicable to rent proceedings - If cost is not paid, further opportunity can be granted to the erring litigant to condone the lapse on his part especially when the order whereby the evidence was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Adjacent shop let out by the landlord for purpose of liquor vend and fetching monthly income of Rs.5, 000/- - Rent of demised shop Rs.345/- per month - Held, landlord is the best judge of his need and place - If landlord states that demised shop would be suitable place to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Eviction petition on ground of change of user - Demised shop let out for purpose of business - Tenant using it for godown - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction of tenant sought on the ground that tenanted premises had become unfit and unsafe for human habitation - Tenant contended that vacant plot was let out to him whereover he raised residential building about 30 years back - Thus, tenant took plea that vacant plot does not fall within the definition..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition - Ground of bona fide requirement - Landlord owning three adjoining shops - Two shops fetching monthly rent of Rs.5000/- and third shop fetching Rs.345/- as monthly rent - Held, it is not expected from landlord to seek eviction of shops which are yielding higher monthly rent - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Eviction order on ground of bona fide requirement - Landlord or his family for whose benefit eviction was obtained, fails to occupy the premises for a continuous period of 12 months from the date of obtaining possession or where he puts that building to any use or lets it out to any tenant other than the tenant..........
