East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(v), Civil Procedure Code, 1908, Order 26, Rule 10 -- Cease to occupy - Local Commissioner found shop locked - Report of Commissioner cannot be used for the purpose other than the physical examination whether the shop was closed or not - It would be too difficult to make an inference of whether the tenant had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(iv) -- Cease to occupy - Disconnection of electric connection - By itself does not amount to proof of cessation of business - Viewed in isolation it might not but still viewed in the light of other circumstances, it might obtain relevance...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord seeking ejectment on the ground of bona fide requirement - Held, Rent Controller is bound to satisfy himself about the landlord's bona fides - Specified landlord also bound to prove his bona fide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop cum Flat - Let out for business and residence - Single tenancy in favour of tenant - Landlord wanted the ground floor for his own business and first floor for residence of his son - Landlord entitled to obtain eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of - (i) a sub-tenancy is invariably a secret arrangement and the Court will only look to the conduct of the parties in evidence to determine whether the case of sub-tenancy is true or not and the exclusive possession of the sub-tenant is established or not; (ii) production of records..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - To brother - Brother carrying on business - Nearness of relationship between the tenant or sub tenant or the alleged sub tenant by itself is of no relevance...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - The manner of association with the business of a tenant could also be explained best by producing records which would show that the tenant continued having a control over the business and that the person, who was shown to be in the occupation was merely an employee or a person, who was the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Direct evidence to prove sub letting is seldom available - Sub tenancy itself being invariably a covert act, only the circumstances and the nature of evidence should come in aid of the Court to either accept or reject a plea of sub tenancy...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Law as to - (i) While establishing case of the bona fides of requirement, the tenant cannot dictate terms or question the bona fides of the landlord - The landlord would be the best judge of his requirement; (ii) Rent Controller cannot begin with the presumption that there was lack..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
