Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Tenant purchased property and seeking amendment to incorporate the fact in written statement - If tenant himself purchases the suit property then landlord who filed the suit cannot seek eviction from such tenant who has purchased the property itself - By allowing amendment..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement to start religious activities - Amendment of petition sought that premises are required to house Kashmiri migrants - Amendment allowed - Held, purpose of housing displaced persons is not less than religious activities -..........
Specific Relief Act, 1963, Section 6 -- Tenant dispossessed by third party - Suit for possession by landlord - Held, suit is maintainable - Besides the person who has been dispossessed, any person claiming through him can also file a suit seeking recovery of possession - Landlord who holds the possession through his tenant is competent to maintain suit u/s 6 of the Act and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ejectment application opposed on twin grounds - Firstly landlord had intentionally demolished adjacent shop - Secondly landlord is residing in UK and has no intention to come to India permanently - Objection of tenant repelled - Demolition of adjacent shop was not with mala fide intention - It is..........
Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Landlord had no dependant family member - Ground of personal requirement becomes extinct...........
Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Question as to whether bonafide requirement extends to the legal representatives also when in the eviction petition there is no mention about bonaifde requirement for dependant also - If deceased landlord has any dependant member of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Arrears of rent - Relationship of landlord and tenant denied - Rent Controller recorded a finding in favour of landlord - No justification to grant an opportunity to tenant to deposit arrears of rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord living with his parents - Landlord a practising Advocate and recently married - Parents wanted to settle their son independently - It is not unnatural - Need bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iv), 13(3)(a)(i) -- Ejectment sought on the twin grounds that tenanted premises have become unsafe and unfit for human habitation and that tenant cease to reside in the tenanted premises for the last 6-7 years - Rent Controller allowed eviction petition - Order of Rent Controller upheld by first..........
Judicial propriety -- One of the members of the District Forum who is signatory of the judgment is the landlord of the premises of Respondent whose proprietor is 'R' - It was unethical act on the part of the member to have been on the Bench while hearing and deciding the case of his tenant - He must have reclused himself from hearing of the case...........
