Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Residence - Proof - Evidence based on voters list cannot be regarded as substantive piece of evidence...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- High Court ordinarily does not interfere with the findings of fact but there is no bar if the interference is necessitated on account of perversity, misreading or non-reading of evidence...........
Rent and Eviction -- Company - Amalgamation - Parting of possession of tenanted premises as a result of an order of Court sanctioning the scheme of amalgamation under the Companies Act - Applicability of Rent Act depends upon occurrence of a factual situation, namely subletting or assignment or otherwise parting with possession of the whole or any part of the premises by..........
Civil Procedure Code, 1908, Section 21 -- Eviction suit - Necessary parties - Suit filed by widow of landlord who became owner after his death - Not disputed by tenant even in written statement for third persons application for party - Alleged bequeath of property - Claim made for first time after 15 years of execution of alleged "Will" - Question of title and ownership..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent - Arrears - Rent Controller is under an obligation to make an assessment of arrears of rent, interest on such arrears and cost of application by way of an interim order and to fix a date for payment of arrears of rent - If tenant fails to comply with the order then nothing more is required to be done and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional order as to payment of arrears of rent - Failure to pay - Subsequent variation in determination of fair rent by Appellate Authority - Another opportunity cannot be afforded to the tenant for depositing the rent enabling him to save his eviction as failure of tenant to comply with the provisional order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(b) -- Change of use - Premises partially put to a changed use - Tenant is liable to be evicted - It is not the requirement of the provision that the whole premises should be put to a changed use...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(b) -- Change of use - Shop rented out for commercial purpose - Nine members of the family residing in the shop without consent of landlord - Dominant purpose to which the building has been put is residential and not commercial - Tenant is liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Parting with exclusive possession in favour of brother - Once tenant has parted with exclusive possession of a tenanted premises then a reasonable inference arises with regard to consideration and payment of rent - Such an agreement between tenant and sub tenant is always a secret..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Family settlement - Shop fell to the share of landlord in a family partition - Tenant has no right to challenge the family partition entered into between members of the family of the landlord...........
