East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(5) -- Unsafe and unfit for human habitation - Shop has gone out of plum having a bending of more than 6 inches - Connection between the roof and walls broken - Walls lost their grips and tilted - Ejectment allowed - Held, shop has become unfit and unsafe for human habitation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13B -- NRI landlord - Eviction petition on ground of bona fide requirement u/s 13(3)(a)(i) of the Act - During pendency of eviction petition S.13-B came into force - Landlord filed fresh petition u/s S.13-B of the Act - Held, rights given to NRI landlord u/s 13-B of the Act are special rights to get vacant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Eviction petition on ground of bona fide requirement - Landlord was in service in Kuwait - He retired from service on 30.06.1999 - Landlord visited India 2-3 times and then again went to Canada and staying there with his family - Landlord sought eviction on ground of bona fide necessity u/s..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - For applicability of the provision of S.13-B of the act a person should be either permanently or temporarily settled outside India on date S.13-B of the Act was enacted i.e. on 31.05.2001...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Arrears of rent - Relationship of landlord and tenant denied - However, tenant deposited Rs.40, 000/- - Rent Controller and Appellate Authority holding existence of relationship of landlord and tenant and outstanding arrears of rent as Rs.3.97 lakhs - Held, once relationship of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Eviction petition preferred by the landlady contending that she and her husband are in possession of adjacent shop and they require bigger shop to start commercial college, hence need demised shop so that intervening wall in between two shops may be removed - Landlady rented out..........
Registration Act, 1908, Section 17, 49, East Punjab Urban Rent Restriction Act, 1949, Section 13, Transfer of Property Act, 1882, Section 107 -- Tenant paying rent @ Rs.400/- per month - Thereafter a rent deed executed wherein monthly rent enhanced to Rs.600/- per month with further stipulation of 5% increase every year - Held, such a deed amounts to grant of lease for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition on ground of bona fide requirement - Landlord alleged that he wants to set up his own independent business in demised premises after quitting his job - If landlord alleges that he wants to establish his own independent business after leaving the job, the need of the landlord cannot be said to be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction petition - Ground of subletting - Death of tenant - Plea that widow has sub let the premises - Widow took the plea that alleged sub tenant is brother of her deceased husband who helps her in her business and that she has not sub-let the shop - Sub tenancy cannot be lightly inferred - Landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Tenant running auto repair workshop in demised premises with help of mechanic - Landlord sought eviction on the ground that tenant has sub let premises to mechanic - No evidence that tenant parted with possession for consideration/rent and has no control over business being run in the shop..........
