East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Landlord filed ejectment petition u/s 13-B of the Act - Leave to defend allowed to the tenant on the ground that petitioner landlord is not the owner and is rather lessee of demised premises, having a lease of 99 years - Order of Rent Controller set aside - Held, lessee of property for a period of 99 years having..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Petitioner thrown out of service of Tubewell Corporation - Eviction petition filed within one month on ground of personal necessity - Tenant seeking leave to defend, alleging that petitioner has not retired from Corporation and has ancestral property, houses and plot etc, but has not furnished any such..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Grant of - Held, leave to defend shall not be refused unless Court is satisfied that facts disclosed by defendant do not indicate that he has a substantial defence to raise or defence intended to be put up by defendant is frivolous or vexatious...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Leave to defend - NRI landlord sought eviction of tenants from six shops on ground of bonafide requirement - Four shops lying vacant with landlord - Held, landlord ought to have broadly stated as to what kind of business he intended to start - He ought to state whether four shops, which are lying vacant, are not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Limitation Act, 1963, Section 5 -- Eviction petition - Leave to defend - Delay - Applicability of Limitation Act, 1963 - Held, Limitation Act, 1963 is not applicable - Rent authority deemed to be Court only for limited and specific purposes - Rent authority has no power to condone delay in filing leave to defend...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specified landlord - Bona fide requirement - Landlord wants to shift to India permanently as he was not keeping good health due to cold climate of Canada - Held, need of landlord shall be presumed to be correct - Heavy burden lies on tenant to prove that requirement of landlord is not genuine - Mere assertion on..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit on the basis of cheque - Defendant filed affidavit seeking leave to defend - Leave can be given only if affidavit discloses some triable issue - Defendant admitted execution of cheque, but taking plea that same was given as security - Plea not substantiated by any evidence - Ledger books of plaintiff..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - A heavy burden is on the tenant to prove that requirement of the landlord is not genuine - To prove this fact, tenant has to give all the necessary facts and particulars supported by documentary evidence in the affidavit itself alongwith an application seeking leave to defend..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bonafide requirement - Landlady 80 years old and suffering from various ailments - Residing on first floor and seeking eviction of tenant from ground floor - Plea of tenant that landlady about two years back had let out 144 Sq. yards of premises on ground floor as such need of landlady was not bonafide - Grant of leave to..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A(2) -- Schedule II - Eviction proceedings - Application by tenant seeking leave to defend - Plea of tenant that he got notice of proceedings only on date he first appeared in Court - Application filed within 15 days of notice - In absence of prior personal service of notice to tenant and any satisfactory material to..........
