Jammu and Kashmir Houses and Shops Rent Control Act, 1966, Section 11 -- Eviction petition - Bonafide need - On the face of record personal necessity of landlord has been proved beyond any shadow of doubt - Since tenant are in use and occupation of suit property for almost half a century, therefore, they does not deserve any further premium in vacating suit property -..........
Eviction Order -- Appeal against ejectment order - Dismissal of - Challenge as to - Landlord sought demised premises for personal necessity and said fact could not be shattered during cross-examination - Nothing on record brought by petitioner/tenant to show that landlord had not approached court with clean hands - Therefore, order of ejectment found to be proper and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Construction on the remaining premises has already been raised - Cannot be a ground to hold that the bonafide personal necessity of a landlord has come to an end particularly when the shop in question is abutting the main road...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Landlady is a Government teacher and comes daily to place `S' to attend her job - Landlady wants to live in her own house and attend her job of a teacher without hassle of commuting daily from place `P' - Moreover, place `B' is also equally closed to place `S' and place `S'..........
Rent and Eviction -- Bonafide necessity - Landlord has taken a specific ground that he along with his son intend to shift from shop where they are running their business of mobile repair portion FGHI which is a part of BCDEFIH to shop which was in possession of tenant marked as YYZZ - Further, landlord wishes to shift his business of mobile repair to premises in question..........
Civil Procedure Code, 1908, Section 151, Order 14, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Framing of additional issue - Dismissal of application - Eviction petition - On ground of personal necessity - Issues have to be framed to determine controversy between parties and relevant issue would be whether landlord is entitled to seek eviction on ground..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Non-disclosure of type of business to be run from the premises - Cannot detract from personal bonafide necessity set-forth by the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Maintainability - Merely because ground of personal bonafide requirement of landlord for one shop having distinct portions has been invoked itself would not render eviction petition non-maintainable so long as ground relied upon is proved and established on merits by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity and arrears of rent - Plea of tenant in respect of his claim to title of property on basis of agreement to sell arrived at between parties - Plea held, not tenable as tenant neither in his written statement nor in his deposition revealed any detail about date month or even..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Landlord is best Judge of his requirement and it is not for tenant to suggest as to how he should utilize his property for his own business, and claim of landlords regarding personal requirement is not presumed to be not genuine, unless facts and circumstances indicate any..........
