East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Personal necessity - Landlord sought eviction of tenant on ground of personal necessity to expand his business - Some of the tenants had already vacated portion in their occupation - Landlord wanted to renovate entire building and run his business in same - Held, landlord is the best judge qua his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), Power of Attorney Act, 1882, Section 1A, 2 -- Ejectment suit through power of attorney holder - Landlord permitted to examine himself as witness, although, his attorney had been examined - Held, no illegality in impugned order - Petitioner/tenant will get an opportunity to cross-examine him - Petition..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal use and occupation - Eviction sought on ground of personal use and occupation - Landlord wants to settle his son in disputed shop - Contention of tenant that landlord's son is residing in Mohali whereas disputed shop is situated at Kotkapura and that son is not dependent upon landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c), 2(hh), 13A -- Eviction - Specified landlord - Held, any person, who derives a title under a landlord is permitted to be landlord and any person who is entitled to receive rent on his own account, also comes under definition of specified landlord subject to fulfilling other ingredients laid down u/s.13-A of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Contention of tenant that for filing petition u/s.13A of the Act landlord was required to be owner of premises for at least one year - Held, since no such words used by legislature u/s.13-A of the Act, therefore, Court cannot take upon itself work of legislature and traverse beyond its own scope of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Transfer deed executed between landlord and his wife has been challenged to be a mala fide document by tenant - Tenant has not disputed validity of sale deed executed in favour of wife of landlord by its previous owners - Said transfer deed is registered and valid rights have been transferred as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Personal necessity - Alternative accommodation - Tenant's contention that first and second floor of demised premises are vacant and therefore, sufficient for landlord - Held, tenant is no one to dictate terms to landlord - Landlord is best judge of his own requirement - If after retirement landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Both Courts below have recorded a concurrent finding of fact that requirement of respondent-landlord is bona fide - Petitioner-tenant has failed to point out that landlord was having any other suitable and alternative accommodation to open his office as an Advocate -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition - Amendment of - Personal necessity - Contention of petitioner/tenant that respondent/landlord had not pleaded necessary ingredients of S.13(3)(a)(i) of the Act and he was allowed to do so only by way of amendment and that too after leading evidence by parties, therefore, personal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment - Co-owners of property - Partition - Held, a tenant inducted by one of the co-owners cannot be defeated in his statutory right of protection under the Act of 1949 by an allotment in partition to other co-sharers of property so long as lease itself was not collusive or in excess of authority of..........
