East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition on ground of bonafide requirement - Tenanted premises belong to charitable trust - Charitable trust wanted the demised premises to set up a charitable hospital - Application for eviction filed by the President of the Trust - Held, need of trust was bonafide - Eviction allowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Landlady has three sons and having three shops - Two sons running two shops - Landlady required third shop for settlement of her third son - Need held bonafide - Eviction ordered - Nine months time given on filing certain undertakings...........
Civil Procedure Code, 1908, Order 20, Rule 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Appeal against - Payment of mesne profits - Appellate Authority has jurisdiction to fix mesne profits payable - Order of payment of mesne profits has to be based on some material - Appellate Authority has to arrive at a prima facie finding as to what..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Shop - Landlord living in Jammu and wanted shop at Amritsar to run business - It is not necessary that landlord should first shift to Amritsar and then to seek eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Shop - Landlord a blind man - Wanted shop to run business of STD/PCO with aid of wife - Held, a blind man with the aid of his wife can run business of STD/PCO - Need bona fide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(h) -- Shop - Let out for photography business - Tenant running a Boot House - It is change of user...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Leave to defend - Landlord after retiring from service sought eviction of tenant - Landlord already in possession of first floor and second floor of the house - Held, landlord cannot be provided with summary mechanism to seek eviction of tenant - Leave to defend granted...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Amendment - Petition filed u/s 13-A of Rent Act - Amendment sought to convert the same into a petition u/s 13 of the Act on the ground that S.13-A is not applicable to commercial buildings - Amendment sought when parties concluded their..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bonafide requirement of son - Father and son not having cordial relations - Held, difference of opinion between father and son is nothing but a generation gap - Their vision and perspective regarding conduct of business may differ - Son has attained maturity - Needs of family, expanding business and to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide need - Premises required to settle son to run an independent business - Father and son living in one house and were doing business jointly - Son attained maturity - Need of family expanding business and to settle son is well within the right of landlord to get the shop vacated - Eviction order..........
