East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Plea of establishment of business through partnership by tenant - Tenant contended that he had not sub-let the suit premises, in fact, he entered into partnership with petitioner no.2, who was running a business in premises - However, statement of tenant that he was getting..........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be invariably held..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and second floor of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Omission to plead that son of landlord did not own or possess or had vacated any other property in urban area would not be fatal to tenant, as son did not possess any other property in urban area - Tenant rightly evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Non-disclosure of other properties - Landlord is exclusive owner of demised premises, while other properties are jointly owned by his other family members - Non-disclosure of said properties held not fatal to the case of landlord - Tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide requirement - Landlord required the demised shop for business purposes - However, landlord is owner of three adjacent shops out of which one is lying vacant - Nothing on record to show that demised shop is the only premises which would be suitable for running business - Moreover, evidence on..........
