East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide need - Premises required by Gurudwara for constructing Joura Ghar - Plea of tenant that another shop is lying vacant which can be used for the said purpose - Concurrent finding that tenant filed to prove that the other shop is lying vacant - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady residing in Panchkula in a four/five room set - Landlady wanted to shift to Chandigarh where better facilities and standard of living available - Chandigarh accommodation consisted of two rooms - Need of landlady, held bonafide...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Exparte eviction order - Setting aside - Rent Controller is not a Court - Law of Limitation is not applicable - Application to set aside exparte eviction order cannot be dismissed as barred by limitation - However, Rent Controller is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Provisional rent assessed - Failure to tender rent on the date fixed for payment of provisional rent assessed - In case there is non compliance of the order then tenant cannot say that he can still tender rent on the first date of hearing when issues are framed or evidence is commenced...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 111(g) -- Lease in perpetuity - No forfeiture clause - Once there is lease in perpetuity between the parties landlord can't seek eviction during pendency of lease - Where a lease deed does not contain a forfeiture clause contractual tenancy under TPA continues - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide necessity - Subsequent events - Landlady filed a petition for eviction on ground of bonafide necessity - On her death her legal heirs sold the suit premises - Held, that there was no evidence on record that present owners of the suit property had bonafide necessary - Eviction on the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition on ground of bonafide necessity - Sub-tenant is not a necessary party - Held, that in a petition for eviction of tenant on the ground of sub letting, sub tenant is not a necessary party although he might be in possession of demised premises -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(a) -- Bona fide requirement - To be construed liberally - Premises can be got vacated not only for own dependents but also for the persons on whom the landlord is dependent - In the instant case eviction order passed as the premises was required to open a beauty parlour by son's wife...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2 -- Statutory tenant - Will - Bequeathing of tenancy rights - Held, A statutory tenant cannot bequeath his tenancy right in favour of one in exclusion to the other as the successor gets a right of inheritance under the statute and not on the wish of the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Death of tenant - Tenancy inherited by brother of deceased tenant - Held, it is not sub letting as tenancy is heritable...........
