Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Co-operative Society - Shop - Amalgamation of seven Cooperative Societies - Business of Societies multiplied - However, it is not proved what were its business activities before and after amalgamation - Increase in business activities not proved - Petition dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Co-operative Society - Bonafide requirement - Some open space near the shop available with the landlord - Tenant has no right to dictate the landlord that instead of seeking eviction he should raise fresh construction to meet his requirement...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(iii) -- Unfit and unsafe - Building expert of credibility not examined - Photographs or other material not brought on record to establish that building has outlived its utility or is now unsafe or unfit for human habitation - Petition dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Res judicata - Principles of res judicata not attracted stricto senso to an eviction petition based on plea of personal necessity when eviction petition is based on changed circumstances...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Plea of tenant that he had paid rent - Proof of - Rent paid without taking receipt - Tenant an organization - Other office bearers of organization acknowledging non payment of rent - Statement of landlord that he has not received the rent - Plea of tenant as to payment of rent is contrary..........
East Punjab Urban Rent Restriction Act, 1949, Section 19, 11, 13(2)(ii)(b) -- Use of residential building for commercial purposes - Permission of Rent Controller u/s 11 of the Act which is mandatory not obtained - Tenant is liable to eviction - Besides this landlord and tenant is also liable to be fined u/s 19 of the Act - In such a case both sections viz. S.13(2)(ii)(b)..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 11, 19 -- Use of a residential building for commercial purposes - Permission as required u/s 11 of the Act to convert the use of a residential building for commercial use not obtained - Violation of S.11 of the Act - Held, when there is violation of S.11 of the Act then both the Sections viz. S.13 & S.19 of the Act..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Use of residential building for commercial purposes - without permission of Rent Controller - Tenant is liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - During pendency of eviction petition father of landlord died and another shop fell vacant which was owned by landlord and other legal heirs - Landlord cannot be asked to shift his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - Need bonafide - Eviction granted...........
