East Punjab Urban Rent Restriction Act, 1949, Section 15(2) -- Appeal against eviction order - Appellant Authority stayed execution of eviction order subject to deposit of mesne profit @ 20, 000/- - Held, order of Appellate Authority cannot be faulted - If tenant continues to occupy premises after tenancy comes to end, he is liable to pay damages for use and occupation at..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide necessity - Non residential building - Eviction of tenant on ground of bona fide need is permissible not only from residential but also from non residential building - Lack of experience in a business does not weaken the case of landlord - Plea of tenant that landlord wanted to sell..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Leave to contest - Powers of Rent Controller to condone the delay - Held, Rent Controller has no power to condone the delay after the expiry of statutory period of 15 days...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Landlord having well settled businessmen in different countries and cities in India - Landlords want to open big Departmental Store in all six floors of the building - Tenant contended that landlords can start business in 1300 sq. feet ground floor area - Held, when a landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a), Transfer of Property Act, 1882, Section 105 -- Landlords filed ejectment petition alleging that they want to open big Departmental Store in all the six floors of the building - During pendency of petition, landlords gave whole ground floor to new concern namely M/s ESPRIT - Tenant contended that..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - When both Rent Controller and appellate authority disallowed petition of landlord seeking eviction on ground of bona fide requirement - In revision, it was contended by tenant that the court cannot disturb concurrent finding of fact of bona fide need as recorded by both the courts..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specified landlord - Bona fide requirement - Landlord wants to shift to India permanently as he was not keeping good health due to cold climate of Canada - Held, need of landlord shall be presumed to be correct - Heavy burden lies on tenant to prove that requirement of landlord is not genuine - Mere assertion on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Eviction petition - Unfit and unsafe - Building 60 years old construction and in a dilapidated condition situated in low level area - Walls without plaster - Wooden roof eaten away by white aunts and building beyond repairs - Eviction order upheld - Compromise between parties regarding enhancement of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Rate of rent - Provisional rent assessed at the rate of Rs.750/- p.m. - Except an affidavit no other document to show that rent was Rs.750/- p.m. - Order of assessment of provisional rent modified and tenant held liable to pay rent at the rate of Rs.300/- p.m. - Question as to rate of rent left..........
East Punjab Urban Rent Restriction Act, 1949, Section 11, 13(3)(a)(i) -- Bonafide requirement - Demised premises, a hall on the ground floor, which was a part of big residential kothi, let out to bank for commercial purpose - Landlord, who was sharing his residential place with his brother with strained relations, wanted to live peacefully in a separate house which was..........
