East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI landlord requires rented four shops to construct a mall for running his own business as he wanted to shift in India permanently - Neither any resown to doubt the said statement nor there is anything on record to infer to the contrary - Petition allowed - Direction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the demised premises for settling his son independently - However, evidence on record shows that son was already running his business - Moreso, landlords were having other property, but the details of the same had not been furnished by them - Landlord has not come to Court with clean..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Eviction - Service of summons not effected in the form as prescribed u/s 13-A of Act - It was merely an irregularity of procedure, as no prejudice is caused to tenant - Moreover, tenant already delayed the eviction proceedings for a period of 7 years by filing applications again and again -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Tenancy created in the year 1981 - Rent fixed @ Rs.500 p.m - Mesne profits fixed by appellate Authority @ Rs.20,000 p.m, is without any tool bar is not justified and is a fanciful assessment without any registered lease deed having placed on record by landlord - Impugned order of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Eviction of tenant - Maintainability - Expert report states that there is growth of vegetation on walls and damage is also caused to roof on account of storage or rain water for long time on account of damage to rain water pipe - Location of tap which was bone contention between parties is on other side of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Suit with regard to rate of rent - Premises in question is located in the town of Amritsar and when respondent was inducted a tenant, there were disturbed conditions in state due to peak period of terrorism - Nothing on record as documentary evidence to show rent on the premises could be settled at 950/-pm at..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Merely because first application had remained pending till its withdrawal and second application was decided it would be no ground to deny eviction - Held, it was only at instance of petitioner, earlier petition was withdrawn and no decision was taken - Petitioner cannot seek any benefit from said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specific Relief Act, 1963, S. 34 - Eviction - Ownership - Educational qualification, Succession certificate, death certificate and Death-cum-Gratuity Certificate shows father of the landlord as owner and ultimately landlord as owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 2dd, 13B -- Eviction - NRI Landlord - Personal Necessity - Plea of two building - Non residential proof has been placed on record by landlord - Landlord stated that he had returned to Indian to do business and to set up his sons - Bonafide requirement of necessity made out - Held, Owner can take possession of one..........
