East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Eviction petition on ground of bona fide requirement filed by NRI u/s 13(3)(a)(i) and not u/s 13-B - Petition dismissed - Fresh petition u/s 13-B of the Act is not barred...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Maintainability of eviction petition after the property is acquired by HUDA - Relationship of landlord and tenant between the parties cease to exist for all intents and purposes and authorities under the Rent Act become functuous officio - Held, eviction petition is not maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for unmarried daughter to start a Coaching Academy - Shop situated at Khanna whereas landlord residing at Chandigarh - Plea that she can start coaching Academy at Chandigarh - In a bigger city like Chandigarh, where high profile Institutes and Coaching Academies are..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Shop - Required for unmarried daughter to start a Coaching Academy - Eviction petition filed through son-in-law in whose favour power of attorney executed - It is the age of the landlord or the hardship which the daughter had to face in attending Courts at Khanna which led the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for unmarried daughter to start a Coaching Academy - Plea of tenant that sale deed is a sham or fictitious transaction - Wholly irrelevant - Tenant has no locus standi to question the title or right of his landlord...........
Transfer of Property Act, 1882, Section 106 -- Notice - Quit notice sent through telegram - Certified copy issued by Post and Telegraph Department which bears signature of landlord, there is a presumption that original telegram sent to tenant bore signature of landlord, unless proved otherwise - Validity of notice upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Landlord did not even attach copy of passport and other relevant documents with his eviction petition - Leave to contest granted to tenant...........
Punjab Pre-emption Act, 1913, Section 19 -- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the relationship of landlord and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Landlady now aged 68 years of age - Mere advancement in age is no ground to dislodge the claim of a landlord that he needs the premises to start his own business...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - To start a business - Plea that landlord is not having experience of running the business - Rightly repelled by the Appellate Authority...........
