East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Revision - Maintainability - Held, revision filed after stipulated date to make payment of provisionally assessed rent and after earning penalty of automatic eviction is not maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Bona fide requirement - Contention of respondents/tenants that petitioners/landlords have also filed similar ejectment applications against other tenants also and thus, present petition is not maintainable - Petitioners have satisfied Court that demised premises forms one integrated..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B - - Eviction - NRI landlord - Bona fide requirement - Leave to contest - Petitioners/landlords satisfied Court that they intend to settle back in India and want to run hospital in whole of SCO - Held, it is immaterial if they have not filed project report, financial potential, site plan etc. for establishment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction petition - Bona fide requirement - Held, it is well settled that landlord is best judge of his needs - If he considers existing accommodation insufficient and his need is more for commodious accommodation, tenant cannot dictate his terms and it is not for Court to go into such a question to arrive..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction petition - Bona fide requirement - Proof - Landlord in his statement has unequivocally stated that her wife wants to run her business from demised premises separately as existing space is unsuitable, short and insufficient - Evidence on record shows that at the time of filing of petition, landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material alteration - Impairing value and utility - Proof - Plea of landlord that shutters had been removed from within shop to outside shop - There were four shops in row and in two shops shutters had been placed inside and in two shops they had been placed outside - There was no uniformity in the manner..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material alteration - Impairing value and utility - Proof - Shed raised at PWD municipal road and only two ends of angles of iron rods fixed at wall to support tin roof which could be removed at any time - Held, placement of shed temporary in nature - No impairment in value and utility of building...........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction proceedings - Held, in an action for ejectment adjudication has to be necessarily only between person claiming to be landlord and tenant - Third party intervention cannot be permitted at all...........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction proceedings - Held, an eviction petition does not decide title - Rent Controller has no power to adjudge title - If an adjudication on title is sought at execution stage by third party, decree holder cannot sing laurels on decree obtained...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Proof - After coming to firm conclusion that relationship of landlord and tenant existed between parties, Courts below examined other questions with regard to bona fide necessity and ordered ejectment - Admittedly, petitioner has two sons - He rented out premises way back in year 1964 -..........
