East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Proof - Both sons of respondent-landlady are employed and they want to start business in demised premises - Contention of petitioner-tenant that since both sons are employed, therefore, there was no necessity for them to start business - Held, it is for landlady as to how she is..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Ejectment proceedings - Appeal - Condonation of delay - Delay of 7 days in filing appeal - Copy of prescription slip produced by landlord-petitioner whereby he was advised bed-rest due to his ailment - Held, it could not be said that landlord-petitioner was negligent or careless in pursuing litigation -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI - As per interpretation by Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005(2) RLR (S.C.) 488 landlords are NRIs and fulfill all necessary ingredients for granting them benefit u/s.13-B - Contention of petitioner/tenant that landlords are not NRIs as the question as to..........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Ejectment - Tenancy - Non-payment of arrears of rent - Landlord had to file various suits for recovery of rent against petitioner which have been decreed despite the fact that petitioner had raised plea that rent has already been paid in form of share of crop but since there was no custom in village of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide need - Pleadings - Eviction sought on ground of personal necessity - Landlord had not stated that he was not in occupation of SCO Nos.3003-3004, Sector 22-D, Chandigarh after commencement of the Act and had not mentioned sufficient cause for vacating said premises either in petition or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction proceedings - Defects in pleadings - Rectification of - Held, if there is any defect in pleadings of landlord with regard to ground of eviction, same is not fatal to petition and same can be rectified immediately on raising such an objection - In present case, petitioner/tenant raised an..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3(a), 4 -- Eviction - Unauthorized occupants - Held, persons must have entered into possession of a public premises before or after commencement of the Act without any allotment, lease or grant in order to deem him to be in unauthorized occupation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Shop - Bonafide requirement - Landlord in possession of small shop - Required spacious shop for his sons - Need of landlord bonafide - Need has to be seen from the angle of landlord and not from the view point of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ingredients of S.13(3)(a)(i) not pleaded - Not fatal when both parties knew the case of each other and led the evidence accordingly...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlady - Held, to be a NRI, it is sufficient that a person of an Indian origin establishes that he has permanently or temporarily settled outside India for his business or on account of his employment, or for any other purpose which would indicate his intention to stay outside India for an uncertain..........
