East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - A heavy burden is on the tenant to prove that requirement of the landlord is not genuine - To prove this fact, tenant has to give all the necessary facts and particulars supported by documentary evidence in the affidavit itself alongwith an application seeking leave to defend..........
East Punjab Urban Rent Restriction Act, 1949, Section 10 -- Restoration of amenities - Landlord removed water tank and disconnected electric connection on account of non-payment of water and electricity charges by tenant - However, tenant paid these charges and interim rent - Landlord directed to restore the amenities...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 22, Rule 4-A -- Death of tenant during pendency of appeal - Tenant issueless widower - Nephew of deceased seeking impleadment as L.R. - Landlord filed application for appointing an officer of court U.O.22.R.4-A CPC to represent the estate of deceased tenant and hand over vacant..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide need - Shop required for son who wanted to start his business separately - Plea of tenant that landlord is a habitual litigant and his son is already doing separate business and that he has not come to Court with clean hands and that eviction from commercial building is not permissible..........
Punjab Municipal Act, 1911, Section 3(1)(b), East Punjab Urban Rent Restriction Act, 1949, Section 4, Amending Act of 1994, Section 3(1)(b) -- Assessment of tax - Challenged against constitutional validity of S.3(1) (b) introduced by Amending Act of 1994 on ground that amended provision ultra vires the provisions of S.4 of Rent Act of 1949 and thus no assessment can be..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Bona fide requirement - Commercial building - Held, a commercial building can be got vacated on the ground of personal necessity of landlord...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on the basis of admission - Licence - Licence period expired on 31.3.2007 - By notice dated 2.4.2007 defendants asked to vacate suit property as the licence had expired - Licence deed admitted - Service of notice also not denied - Inter se dispute between husband and wife cannot resist landlord to take possession from..........
Rent and Eviction -- Shop - Bonafide requirement - Partial eviction - Question as to whether partial eviction could serve the purpose of both the parties - Not considered by High Court - Held, in order to meet the ends of justice the landlord shall recover possession of half of the area of the premises...........
Rent and Eviction -- Shop - Bonafide requirement - Rent increased from time to time - Not a case of tenant that rent was enhanced arbitrarily or unreasonably or it could not be enhanced in law - No attempt made to enhance the rent during the period of 7 years prior to the date of institution of the suit - An inference that need of the landlord is not bonafide and it might..........
Rent and Eviction -- Shop - Bonafide requirement - After evicting a tenant from the suit premises landlord did not start his business in the premises - Incident occurred several decades ago cannot be relevant to determine the actual controversy for the reason that need of the landlord is to be examined as per the circumstances prevailing on the date of the institution of..........
