East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Fact that an associate of landlord had earlier filed an ejectment petition against the petitioner but lost, has not impact on the personal bona fide need of landlord...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Possession by ejectment - Defendants alleged that they have inherited the suit properties from their fore-fathers who had purchased it from the original owners but failed to produce any document in this regard - From record it is evident that properties were purchased by fore-father of plaintiffs vide sale..........
Civil Procedure Code, 1908, Section 115 -- Revision - To satisfy the regularity, correctness, legality or propriety of impugned decision, High court shall not exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts - Revisional power is not and cannot be equated with power of reconsideration of all..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - After expiry of lease if possession of tenant is without consent of landlord, he would be a tenant at sufferance - Tenant at sufferance is not entitled to a notice of ejectment in law...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment- Bona fide need - Death of landlord - Landlord sought ejectment of tenant on ground that he required demised premises to enable his son to run his business - During pendency ejectment petition landlord died - His son was impleaded as legal representative of landlord - Held, since landlord..........
