East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Law as to - (i) While establishing case of the bona fides of requirement, the tenant cannot dictate terms or question the bona fides of the landlord - The landlord would be the best judge of his requirement; (ii) Rent Controller cannot begin with the presumption that there was lack..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 18 -- Leave to defend - Court has to see only whether the defence is such that the landlord's petition for eviction could be decided against him or that the defence is not a moonshine and it could be supported by appropriate evidence or legal propositions...........
Hindu Marriage Act, 1955, Section 12(1)(a), Hindu Marriage Act, 1955, Section 25 -- Divorce - Husband not disclosing his correct income to assess alimony - Husband big landlord and having other property worth crores - Income assessed at Rs.1.5 lakhs p.m - Alimony of Rs.40,000 granted p.m. - Wife besides maintenance is also entitled to right of residence with the equal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Eviction petition - Burden is on landlord to prove his requirement and his status that he is NRI landlord - Landlord is also to prove relationship of landlord and tenant when challenged...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - One out of the three houses owned by landlord was got vacated earlier and was sold in the year 1995 - Petitioner No.2 was not married at that time - Premises required for separate accommodation for family member which arose only when petitioner No.2 got married - Held,..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Son of landlord residing in a rented house - Need of landlord for residence of son and his family is bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(b) -- Change of use - Conversion of use of a residential building for non residential purpose - If during pendency of proceedings tenant ceases to use it for commercial purposes even then landlord can seek eviction on ground of change of user if at the time of filing of the petition tenant had put it to such a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Landlord went to Canada and got permanent resident status there valid upto 2008 extended upto 2013 - Landlord returned to India after six months stay - Landlord is NRI landlord and is entitled to evict tenant u/s 13-B of the Act as the length of stay is not the criterion but it is the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlord old lady having no child of her own - Landlord required accommodation for another person and his family to assist her in old age - Held, requirement of landlord for another family who is not related to landlord whom landlord considers as worthy companion for comfortable..........
