East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Landlord did not even attach copy of passport and other relevant documents with his eviction petition - Leave to contest granted to tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Landlady now aged 68 years of age - Mere advancement in age is no ground to dislodge the claim of a landlord that he needs the premises to start his own business...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - To start a business - Plea that landlord is not having experience of running the business - Rightly repelled by the Appellate Authority...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Plea that landlord is to sell the building after getting it vacated - Where a landlord after getting the premises vacated on the ground of personal necessity does not use the same for his own use and occupation the tenant is entitled to apply to the Rent Controller for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Tenant cannot dictate his landlord regarding the needs and requirements of the landlord or how the landlord should adjust himself in this regard...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13B, 18A -- NRI landlord - Bonafide requirement - Eviction petition u/s 13-B of the Act - Earlier eviction petition u/s 13 of the Act on ground of personal necessity was dismissed - No change in circumstances - Gives rise to a triable issue - Leave to contest granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Relationship of landlord and tenant denied - Tenant to give an undertaking that in case relationship of landlord and tenant is proved between the parties, he shall not claim further opportunity to tender the arrears of rent and shall be liable for all the legal consequences - In case tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 19(2)(B) -- NRI landlord - Eviction on ground of bonafide necessity - Plea that in fact landlord wants to sell the property and seeking leave to contest - Subsequently tenant seeking permission to amend written statement to file an affidavit of a property dealer to whom the landlady approached for selling -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Habitual defaulter - Tenant tendered provisional rent assessed by Rent Controller - Question of `habitual defaulter' is a question of fact which can only be decided after parties lead evidence - The said issue not to be decided at the initial stage of eviction proceedings...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
