East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Eviction - Cease to occupy - Revisional jurisdiction - Both authorities below, on appreciation of evidence on record, have recorded a concurrent finding that petitioner/tenant has ceased to occupy shop in dispute - Held, question whether petitioner has ceased to occupy shop in dispute or not is a question of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal necessity - Held, landlord need not prove his financial status or explain business to be set up by him while seeking ejectment on ground of personal necessity to run his own business from demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal necessity - Held, it is not for tenant to dictate terms to landlord as to how else he should adjust himself without getting tenanted premises vacated - Personal necessity of landlord is to be judged from his view point...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), 13(3)(a)(iii), 15 -- Eviction - Personal necessity - Revisional jurisdiction - Exercise of - Held, finding of appellate authority on question of bonafide requirement in a revision petition can be interfered with only if such finding of fact is perverse or arbitrary or pleadings in eviction petition are not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - Specified landlord - Bona fide requirement - Landlady sought eviction on ground of personal necessity of her own use and occupation - Landlady is owner of demised premises and even rent note was executed by her alone - She fulfills all other necessary ingredients entitling her to get vacant possession..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
Punjab Security of Land Tenures Act, 1953, Section 14A -- Ejectment - Computation of rent - Application for - Rejection of - Validity - No evidence had been led and matter was fixed for evidence - Held, it was duty of Assistant Collector to have considered application moved by petitioners, computed rent due and then given 15 day time to petitioners to pay same - Matter..........
Constitution of India, 1950, Article 226, Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7, 17 -- Eviction - Unauthorized possession - Petitioner was licensee in shop owned by PRTC - License not renewed after its expiry - Eviction orders passed against petitioners - They have handed over vacant possession of their respective shop -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Landlord earlier filed eviction petition u/s.13B of the Act - Rent Controller granted leave to defend to tenant - Landlord challenged said order before High Court - On request of landlord, main eviction petition filed by him u/s.13-B of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Contention of petitioner/tenant that need of landlord is not bona fide as he will not be able to set up his business in demised premises which consists of a small area - Held, landlord is the best judge of his needs and tenant cannot dictate his..........
