East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition on ground of bona fide requirement - Order of eviction passed - Death of landlord during pendency of appeal - Tenant contended that ground of personal necessity cease to exist with death of landlady - Contention negative - Held, plea of personal necessity did not vanish with death of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Petitioner sought exemption of land to be declared as surplus area - Writ dismissed - Review petition - Review sought on the same grounds on which original writ was filed, except the additional ground of small landlord - Held, Review petition deserves dismissal - Status of petitioners small or big land owners does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord 80 years old agriculturist - Sought eviction of tenant from shop on the ground that he wants to run business of fertilizer and cattle feed - Rent Controller as well as Appellate Authority refused eviction by holding that landlord failed to explain as to who will cultivate..........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Landlord seeking permanent injunction to restrain tenant from interfering in the intended construction to be raised on the first floor of tenanted shop - No proof that roof was part of tenancy - No specific contract for use of roof in favour of tenant - Injunction granted...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - Landlord seeking eviction of tenant from shop - Landlord wanted to start cloth business - Tenant contended that landlord having retired from service, had no experience in the business - Contention untenable - Held, no particular expertise is required in the business of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - Landlord retired from service and after about one year seeking eviction of tenant from shop for business - Need bona fide - Tenant cannot take plea that landlord filed eviction application after one year...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - Landlord retired from service and started residing at Hissar with his son - Landlord seeking eviction of tenant from shop at Jind to start cloth business - Need bona fide - Held, it is for landlord to decide what would he do with his commercial premises subject to proof..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord owning two house at two different urban areas - A landlord owning residential house in a different urban area is not disentitled from getting his house situated in a different urban area vacated...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord owning another house also - Held, in case landlord is found to own more than one premises it is his discretion to decide which premises he would prefer to occupy for personal use and occupation - Landlord not owning any other house in the same urban area - Eviction granted...........
