Civil Procedure Code, 1908, Order 7, Rule 1 -- Wrong description of name of tenant - Does not vitiate the entire proceedings when revision petition is filed in the correct name though titled in the wrong name - Written statement was filed by tenant and appeal before Appellate Authority was filed by the tenant - Held, merely describing the name of a tenant incorrectly does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - There is no straight jacket formula - Requirement of a landlord has to be examined keeping in view the facts of each case by taking into consideration the status of the family, the requirement pleaded and to find out whether the requirement is so fanciful unimaginable or is mere..........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), 13(6), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii), 13(4) -- Structural alterations - Ejectment - Unsafe & unfit for human habitation - Redelivery of possession to tenant after raising new construction - Tenant constructed fallen portion without consent of landlord - Ejectment..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unfit - Building 100 years old - Building in dilapidated condition - Tenant liable to eviction though room in occupation of tenant was in good condition - Building has to be seen as a whole and not only a part in possession of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord himself paying exorbitant rent i.e. Rs.1050/- and getting rent of Rs.125/- of his own shop - Landlord can seek eviction of tenant for his own use and need is to be held as bona fide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Wife of landlord in possession of some shops - Not a ground to reject the claim of landlord - It is always for the landlord to see as to where he is to run his business - Landlord is the best judge of his need and choice and cannot be dictated by the tenant as to where he should..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bona fide requirement - If premises is got vacated on ground of bonafide requirement and thereafter NRI transfers the same or lets it out to somebody else within a period of five years of getting it vacated then tenant who has been ejected can apply to Rent Controller seeking the restoration of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bona fide requirement - NRI landlord wanted to start Electronics business for which his son was duly trained - Need bona fide - Contention of tenant that landlord has two other properties - Landlord himself pleaded that he has two godowns and those are not proper place for running the shop of..........
Rent and Eviction -- Co-sharers - After a partition is effected or a decree for partition is passed, it is open to the co-sharers to evict a tenant from that portion of tenanted premises which had fallen in their respective shares by filling separate proceedings for eviction under Rent Control laws on the grounds enumerated thereunder...........
