East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Abatement of - Death of one landlord - Respondent No.1/landlord died during the pendency of eviction petition - Plea that on death of Respondent No.1 eviction petition has abated - Held, plea is without any merit - Ejectment petition was filed by Respondent Nos.1 and 2 jointly for need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Abuse of process of law - Landlord's ejectment application allowed - Dispossession of tenant from demised property stayed - Counsel appearing on behalf of petitioner-tenant submitted that despite communications petitioner has not turned up to give necessary information - Petitioner failed to serve respondent dasti..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a) -- Eviction petition - Bona fide need - 80 years old landlord sought eviction of tenant on ground that he needs separate house because for 3/4 years he was not getting proper care from his daughter-in-law and was unable to live in a house where atmosphere of house has become suffocating because of frequent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Eviction petition on the ground that premises is required for expansion of business - Held, fact of joining two sons in business is only an additional need and not sole basis for seeking eviction of tenants as landlord themselves wanted tenanted premises for personal use and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Eviction petition - Impairing value and utility - Eviction sought on ground that tenant had illegally and unauthorisedly encroached upon area by including verandah of shop after replacing shutter - Fact of extending shop by encroaching verandah proved on record - No evidence brought by tenant showing that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition of tenant from a shop on ground of personal necessity - Proof of - Held, a NRI landlord is required to prove that (i) he is a NRI (ii) he has returned to India and required property for his use or for use of any one ordinarily living with him and dependent on him (iii) his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition - leave to defend - Held, tenant's affidavit asking for leave to contest NRI landlord's application is required to be confined to grounds which NRI landlord has to prove...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Whether an NRI landlord, who is a co-owner in two different properties which are in occupation of the tenants, can maintain a petition u/s 13-B of the Act after filing of the petition by his co-owners as NRI in respect of the other property - Held, NRI landlord, who is co-owner in two different..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Eviction of tenant sought on the ground of impairment of value and utility of the demised premises on account of material structural alteration - Two shops let out to tenant on two different occasions - Tenant allegedly removed intervening wall between two tenanted premises - Tenant admitted in his written..........