East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Presumption of payment of rent - Held, simply because landlord had not initiated eviction proceeding for six years, by itself is not sufficient to hold that tenant had been paying rent - Payment of rent has to be proved by tenant - No such presumption can be raised on account of delay in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Evidence of attorney - Landlady has pleaded her and her family's requirement for demised premises only for settling business of her grandson who had appeared to depose on behalf of landlady - Held, since need for personal use was very well within knowledge of grandson, therefore, there..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Evidence of attorney - Held, where landlord seeks eviction of his tenant on ground of his bona fide need normally landlord himself has to give evidence and not an attorney-holder - However, where affairs of a party are completely managed, transacted and looked after by an attorney, it..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Held, landlord can seek eviction of tenant from tenanted premises not only for his or her need but even for need of a closely related person...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction proceedings - Assessment of arrears of rent - Duty of appellate authority - Held, appellate authority while reversing finding recorded by Rent Controller and holding that rent was outstanding from December, 1995 to October, 1998, was required to assess arrears of rent along with interest and costs..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Evidence of attorney - Attorney, husband of landlady, stepped into witness box to support her case - He had personal knowledge of requirement of landlady - Held, husband is competent to depose on behalf of his wife to prove her need...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Contention that respondent-landlady was already sharing accommodation with her husband and therefore, having already suitable accommodation, her need cannot be said to be bona fide - Held, house of husband of respondent cannot be considered to be her own house and she has prerogative to get..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction proceedings - Provisional rent - Assessment of provisional rent @ Rs.11,000 P.M. - Contention of petitioner that she has taken demised premises at monthly rent of Rs.5,000/- - Held, this question can be determined only after leading evidence by parties - Moreover, issue regarding arrears of rent is still..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Held, landlord is the best judge of his/her needs and a tenant cannot dictate his terms with regard to suitability and sufficiency of accommodation in this regard...........
