Civil Procedure Code, 1908, Order 6, Rule 17 -- Leave to defend - Amendment of application - Subsequent events sought to be introduced - From the inception of the eviction petition, the respondent has maintained his stand that he is in need of all the three shops on the ground floor of his property - Now that, he has been granted eviction decree in respect of the other two..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Relationship of landlord and tenant denied by tenant therefore , question of issuance of rent receipts in favour of tenant does not arise - Approach of Rent Controller is perverse and illegal because question whether..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - As per Rent Controller, document sought to produced by secondary evidence can be self created by landlord - However, issuance of rent receipt denied by tenant - Approach of Rent Controller patently untenable because..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Plea of tenant that there is no original receipt - Cannot be accepted because original receipt if issued could be in possession of tenant and not in possession of landlord - Application allowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide necessity - Landlord has only a room being used as residence in addition to kitchen and bathroom - Besides landlord and his wife, they have two sons and two daughters (third daughter being married) and one of the sons is also married having two issues - There are 9 members in family of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Civil suit - Relationship of landlord and tenant - Denial of - Defendants/tenants have denied relationship of landlord and tenant in civil suit instituted by plaintiffs/landlords and not in ejectment petition - Held, defendants having themselves denied relationship of landlord and tenant between parties..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide necessity - Landlord has retired from service in Bank and wants to start his own banking consultancy - His son is also a chartered accountant and needs demised property for his profession - Even tenant while appearing in witness box admitted that landlord has no other premises for his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide necessity - Held, landlord cannot be forced to ask his son to carry on his profession as chartered accountant from residential premises when landlord has demised property to carry on same - Landlord is best judge of his needs - Tenant cannot dictate to landlord that his son should carry on his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of rent - Contention that since landlord has entered into agreement to sell demised property, thus, tenants are not entitled to pay rent - Receipt stated to be agreement to sell does not stipulate that since date of receipt, landlord would not be entitled to receive rent - This receipt does..........
Transfer of Property Act, 1882, Section 106, 113 -- Quit notice - Acceptance of rent after issuance of quit notice - Eviction suit filed thereafter - Acceptance of rent does not amount to waiver of quit notice - To constitute waiver mere tender and acceptance of rent are not sufficient, there must be an intention on the part of landlord to treat the lease as subsisting -..........
