East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - bonafide requirement - Landlord is not strictly required to prove bona fide requirement - Legislative intent for setting up of a special procedure for NRI landlord is distinct from general provision of bona fide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Proof of status - Copy of Alien Registration Certificate Testimony Residence Certificated, NRI Sabha identity card, Copy of Indian Passport issued by Indian Embassy, foreign passports of his Children - Held, NRI status not effected by a note incorporated in Residence Certificate that the same was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - bonafide requirement - Act imposes a restriction that landlord shall not transfer it through sale or any other means or lease out the ejected premises before the expiry of a period of five years from the date of taking possession of the building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(4) -- NRI landlord - Bonafide requirement - Statement made by specified landlord is deemed to be admitted by the tenant in view of legal provisions contained in S.(4) of S.18-A of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - After retirement landlord wanted to start his own business - Plea of tenant that landlord possesses two shops - One shop possessed by son of landlord who is carrying on his business in that shop and the second shop is occupied by the tenant - Eviction granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - One out of two shops occupied by son of landlord and second shop on rent - Non mentioning of insufficiency of the space in the accommodation occupied by the son of landlord is totally inconsequential and has no bearing on the issue involved...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy for more than four months - Tenant continued to pay rent - Payment or receipt of rent by a tenant or a landlord, does not amount to condonation of a disqualification incurred by the tenant against retention of possession of the let out premises - Evicted granted...........
Rent and Eviction -- Sub letting - Law as to - Legal position summarised : (i) In order to prove mischief of subletting as a ground for eviction under rent control laws, two ingredients have to be established, (one) parting with possession of tenancy or part of it by tenant in favour of a third party with exclusive right of possession and (two) that such parting with..........
Rent and Eviction -- Sub letting - Pleading and proof - Partnership when drawn to conceal the real transaction of sub letting then Court is required to tear the veil of partnership to find out the nature of transaction entered into by the tenant - Held, in such circumstances the evidence let in by landlord cannot be ignored on the ground that there is some variance between..........
Rent and Eviction -- Sub letting - Pleading - Sub letting may be outwardly a deceptive arrangement and landlord may not come to know of true facts - Held, pleadings in such matters ought not to be construed too technically - True test is to see whether the other side has been taken by surprise or prejudiced...........
