East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Non disclosure of alternate accommodation by son of landlord - Son not required to plead all ingredients as he himself is not landlord and that in case son appears in witness box and depose on oath that he does not own or possess any other non-residential..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(3)(a)(ii) -- Rent and eviction - Pleadings qua ingredients mentioned in u/ss 13(3)(a)(i) & 13(3)(a)(ii) of the Act are missing then same can be held as satisfied in case landlord is able to lead evidence to the said effect...........
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..........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - As per landlord, he required shop in dispute for business of sale and purchase which he would run with help of his brother - As brother has retired and is free to help him to run shop which he could not do earlier on account of his alleged ill health - Need held, bonafide...........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
