East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Perception of a landlord as to his personal necessity, namely the nature and extent thereof, the premises to be occupied, are generally, in the absence of any evidence to the contrary, accepted as bona fide - Onus to establish otherwise lies on the tenant - In the absence of any..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction order - Revision against - Power of revisional Court - Jurisdiction of revisional court is limited to an appraisal of impugned orders or proceedings so as to discern any error of jurisdiction, infraction of law or such perversity in the process of reasoning as has led to a miscarriage of justice -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - It is no part of Court's duty to examine whether the business to be set up would be successful or not in the tenanted premises - Choice of premises, the nature or the extent thereof rest solely with a landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Landlord can seek eviction of a tenant on ground of bonafide requirement to set up own business without residing 'permanently' in the urban area concerned - A landlord may reside any where in India or in the world and still run a successful business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Solitary statement of landlord - Eviction on the basis thereof without any corroboration - Held, it is the quality and not the quantity of evidence that is the basis for a judicial finding...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Failure to disclose nature of business - Nature of business to be set up by the landlord, his financial wherewithal, may in a given circumstance, be a ground to hold against a landlord - In the present case tenant failed to establish any fact or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - One tenant in the front portion and the second in the rear portion - Eviction sought of tenant in the rear portion - Contention that rear portion not suitable for landlord - Held, as tenant himself is managing a successful business in the rear portion..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord a practising Advocate - Presently staying with his father as a Licencee and has bought the house for his own use and occupation - Need on account of his professional requirement as well as due to his two grown up children who would need separate place for their studies -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord to be best Judge of his requirement - Landlord is to decide for what purposes he requires the premises - Landlord is the best Judge of his residential requirement - He has a complete freedom in the matter - It is no concern of the Courts to dictate to the landlord how and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Subsequent events - Normally the rule is to determine the rights and obligations of the parties on the date of petition and subsequent events can be taken into consideration provided those are of a nature and dimension as to completely eclipse the need and make it lose significance..........
