East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord an agriculturist - Shop required for business - Order of eviction of tenant on ground that agriculture is such a profession which can be done without the help of a landowner - Order of eviction, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Shop in possession of landlord of smaller size and not suitable for running cloth business - Shop in possession of tenant much bigger shop - It is for the landlord to choose which of the premises is suitable for his business - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Shop forming part of residential house - Landlord after retirement wanted to reside in the building after reconstruction - Landlord is entitled to evict tenant from shop - Tenant can be evicted from shop which forms part of residential house...........
Indian Penal Code, 1860, Section 300, 149 -- Murder - Unlawful Assembly - Proof - Accused alleged to have formed unlawful assembly and committed rioting armed with deadly weapons - They came up to the shop of deceased and attacked him with weapons - Assailants were sporting mask on their face to disguise their identity - No TIP held - Testimony of alleged occurrence..........
Housing -- Shop site - Allottment of - Deficiency in service - Nowhere it has been alleged by complainant that basic amenities have not been provided in the area where the shop site is located - The complainant had also completed the showroom - Entire controversy relates to non-release of 45 K.V. connection to the shop site of the complainant - He had already approached..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Stay of eviction order - Shop let out at Rs.1500/- p.m. - Mesne profits assessed at Rs.18, 000/- p.m. keeping in view the rent prevailing in the area at the relevant time - Mesne profits payable from the date of stay order i.e. 11.7.2001 - Amount already paid as rent to be adjusted against amount of mesne..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide need - Increase in family members of landlord - Landlord wanted shop for his grandsons - Non examination of grandson does not weaken the case of the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide need - Expansion of business - Landlord running Departmental store in ground floor of shop cum office - He wanted first and second floor for expansion of business - Need held to be bona fide...........
Rent and Eviction -- Sub letting - Temporary - For a period of four months - Tenant received rent from sub tenant - During that period tenant having no control whatsoever over the suit shop and exclusive right to enjoy was that of the sub tenant - Concurrent finding of sub letting - No interference in order of eviction. (Rajasthan Premises (Control of Rent and Eviction)..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 19, Rule 1 -- Eviction petition on ground of personal necessity - Subsequent event - During pendency of petition landlord obtained vacant possession of another shop - Fact has material bearing on ground of personal necessity - Purpose can be..........
