Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Arrears of rent - Provisional rent assessed by Rent Controller - Opportunity given to tenant to deposit the same failing which tenant should surrender possession of shop - Tenant failed to do so - Order of eviction upheld...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Rate of rent - Assessed by Rent Controller on the basis of Income Tax returns and entries in house tax register - No infirmity - Order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 13 -- Eviction petition u/s 13 of the Act on similar grounds pending when proceedings u/s 13-A initiated - Held, proceedings u/s 13-A cannot be stayed as there is marked difference between nature of proceedings under Section 13 and Section 13-A of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Leave to contest - There is no rule of law that whenever additional accommodation is claimed, leave to contest to the tenant must be granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Leave to contest - Specified landlord having no other accommodation seeking eviction of tenant - It cannot be said that it is merely a case of additional accommodation from the point of view of the landlord - Moreover, there is no rule of law that whenever additional accommodation is claimed, leave to contest to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Relationship of landlord and tenant - Sale deed in favour of petitioner produced which categorically shows that he had purchased the property - Merely because mother used to collect rent on behalf of the landlord it cannot be held that petitioner is not the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Certificate of retirement issued by competent authority - Eviction petition filed within a period of one year of retirement - Held, petitioner is specified landlord...........
Punjab Municipal Corporation Act, 1976, Section 93(b), (c) -- Property tax - Assessment of - Contention that the Assessing Authority determined the annual rental value of the building on the basis of actual rent received, totally ignoring the provisions of the Rent Act - Matter remanded to the Municipal Corporation for determination of the rateable value of the property in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Some additions or alterations made - That by itself is not a ground to claim ejectment of tenant - Every addition/alteration cannot be said to be sufficient to hold that value and utility of the premises is impaired - It is only the additions and alterations which amount to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(2)(i) -- Bona fide need - Landlord is the sole judge of his own needs - It is for him to determine his standard of living and accommodation in which he wants to live - Courts cannot substitute his own opinion for the need of the landlord - However, mere device of landlord to occupy the tenanted premises himself is..........
