East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition by NRI landlord who wanted to come back to India - Bona fide need - Landlord having property at Noida and Amritsar and seeking eviction of property from tenant at Amritsar - Plea that landlord was living at Delhi and thereafter at Noida before going abroad and thus need of landlord for Amritsar..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Two sons of landlord settled in a foreign country - Landlord staying with children and taking nationality of a foreign country - Held, landlord is NRI within meaning of S.2(dd)(c)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Shop - Bonafide requirement - Seeking eviction after four years of retirement - Period of four years after retirement is not much on the basis of which any inference doubting the bonafide of the landlord can be raised...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Constitution of India, 1950, Article 12 -- Landlord who retired as employee of United Insurance Company filed eviction petition in his capacity as a specified landlord - Held, employee of United Insurance Company Limited is a specified landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 2 -- Tenant or licensee - Tenant does not claim exclusive title himself - He sets up title under the person from whom he is alleged to have taken possession i.e. landlord's brother's widow - Held, only inference ought to be that he could be only a tenant and not a licensee - It cannot be believed that a stranger to the..........
East Punjab urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Personal necessity - Residential building let out as shop - Does not lose the character of a residential building though rented out for non residential purpose - Landlord can seek eviction of tenant on ground of personal necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - If different portions of one integrated building had been let out to different tenants, then all the tenants could be evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Two shops - Tenant is entitled to evict tenants from both the shops to erect the shopping complex-cum-residence - Fact that one portion of the building had become available even before filing of the petition would not be a factor to discount the requirement of the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Landlord born at Rawalpindi (now part of Pakistan) and shifted to U.K. - He comes within the definition of NRI because at the time of birth of landlord Rawalpindi was part of India...........
East Punjab Urban Rent Restriction Act, 1949, Section 12, Civil Procedure Code, 1908, Section 151 -- Rent Controller authorising landlord to put up a construction above the top floor - Rent Controller does not have jurisdiction to grant any such permission - Rent Controller can only allow repairs to the tenanted premises - Impugned order set aside...........
