East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - If a residential premises is leased out for a business or trade purpose without obtaining the permission of the Rent Controller under Section 11 of the Act, it continues to be a residential building and the landlord is entitled to get it vacated for his personal use and occupation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Earlier landlady was residing in Calcutta with her husband where he was employed - After retirement of husband landlady wanted to shift to Ludhiana - Held, need is genuine and bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Revision - While exercising the revisional jurisdiction, High Court is not supposed to re-assess the evidence once both the Courts below have recorded concurrent finding of fact on the question of bona fide need and even if two views are possible...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlady sought eviction on ground of personal necessity - During pendency of petition, on death of landlady, her husband sought impleadment on the basis of will of his wife, alleging, that he should be given opportunity to show that personal necessity pleaded by landlady also flows to LR's - Held, husband,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Written statement - Amendment - Eviction petition - Ground of bonafide requirement - Subsequent event - During pendency of petition landlord got another shop vacated - Tenant by way of amendment of written statement want to plead this fact - Tenant allowed to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Requirement of premises for self and for son - A landlord is entitled to seek eviction of tenant for his need and need of his family members - Benefit cannot be restricted to landlord alone...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement for self and for son - Attorney - None other than the son of the landlady for whose personal need the petition had been filed - Held, son/attorney is well competent to depose on such an aspect of the matter...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i)(a), Transfer of Property Act, 1882, Section 106 -- Bona fide necessity - Notice u/s 106 TPA bereft of details about nature of business intended to be established in tenanted premises - Held, not fatal, especially when nature of business is disclosed in evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Subletting - Factum of sub letting in the knowledge of landlord for the last many years - Held, merely because the landlord chose to file eviction petition belatedly, it would not mean that he had waived off his right to seek eviction on the ground of sub letting...........
