Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Dismissal of application - Eviction petition - Case was at initial stage when application for amendment was filed - Even, amendment which is sought only gives details as to how premises in question have to be utilized by landlord and family..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is best judge of his needs - Tenant cannot dictate his terms with regard to suitability of accommodation - Requirement has to been from perspective of landlord and not from that of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is 74 years of age, not keeping good health and has failing eye sight - No ground for judging bonafides of landlord, especially when landlord has already shown his intention and purpose of starting business which is not required to be proved - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Merely because sons of landlord are settled in USA and doing well is no ground to doubt bonafides of landlord...........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Two conditions are required to declare as occupancy tenants are: (i) Tenant should have been in possession for continuous 30 years in land in dispute; (ii) Tenant should not have paid rent for land beyond amount of land revenue thereof and rates and cess for time being charageable thereon...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Tenants admitted that are paying rent to landlady after execution of sale deed of demised shop by earlier owner to landlady - Relationship of landlady and tenant exists between parties...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlady not entering witness box - Proof of personal necessity through her husband, power of attorney - Held, personal necessity can be proved by PW3 being husband of landlady and head of family, as he knows the needs of family and under his guidance, all affairs are completely..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Unfit and unsafe building - Expert report shows that condition of shop deteriorated, roof top of shop was having sagging and floor of shop is mostly damp and walls having leakage, seepage, cracks and damages, therefore, is unfit and unsafe for habitation - Tenants have not brought any evidence to rebut..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Tenants failed to prove that petitioner no.3 was an HUF concern but there was a business owned by immediate family member of a family to have different firms for purposes of tax and onus is on landlord not only to prove the parting of possession but also that it was for rent -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges applicable on the..........
