Civil Procedure Code, 1908, Order 8, Rule 6-A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 7 -- Counter-claim - Eviction petition - Written statement filed - Recovery of excess amount paid sought by way of counter claim - Quantum of rent to be decided at the final disposition - If there is any excess payment then Rent Controller shall consider passing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Eviction petition - Burden is on landlord to prove his requirement and his status that he is NRI landlord - Landlord is also to prove relationship of landlord and tenant when challenged...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - One out of the three houses owned by landlord was got vacated earlier and was sold in the year 1995 - Petitioner No.2 was not married at that time - Premises required for separate accommodation for family member which arose only when petitioner No.2 got married - Held,..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Son of landlord residing in a rented house - Need of landlord for residence of son and his family is bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(ii)(b), 2(d) -- Change of premises from residential building to a non residential purpose - Statement of tenant to public authority that he was having a godown in a residential building constitutes an admission that it was let out only for a residential purpose and the subsequent change that he had made..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(b) -- Change of use - Conversion of use of a residential building for non residential purpose - If during pendency of proceedings tenant ceases to use it for commercial purposes even then landlord can seek eviction on ground of change of user if at the time of filing of the petition tenant had put it to such a..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(4) -- Eviction order - Appeal against by some of the legal representatives/legal heirs while others not impleaded as respondents - Held, appeal or revision at the instance of some of the legal heirs is maintainable...........
Dholidar -- Three decades ago land and property with well given to appellant as Dholi for performing religious functions and to run Dharamshala and provide drinking water to general public - Appellant thereafter started living in the property and ceased to do religious activities - Appellant claimed to be tenant which he failed to prove - Order of eviction upheld...........
Rent and Eviction -- Order of eviction passed - Frivolous objections filed in execution petition - The same amount to an abuse of the process of Court and a flagrant violation of the eviction decree - Costs of Rs.10, 000/- imposed on tenant - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Landlady claimed to be exclusive owner - Even if landlady is co-owner even then she is entitled to seek eviction of a tenant - Mere fact that the landlady has asserted herself to be an exclusive owner in the eviction proceedings, does not make the eviction petition not maintainable...........
