Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Landlord can seek eviction of a tenant from non residential building on ground of personal necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement- NRI landlady owned two shops, one occupied by her nephew and the other by tenant - Landlady sought eviction of tenant on the ground of bonafide requirement to start business - Eviction allowed - Held, landlady is to select premises of her choice while seeking eviction of tenant through..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(5) -- Bonafide requirement - NRI landlord - Tenant seeking leave to contest - Application bereft of material facts which would disentitle landlord to seek eviction - Tenant contended that even if he failed to disclose material particulars in his affidavit/application for leave to contest, onus still was on NRI..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition on ground of bona fide necessity - After filing the written statement it came to the knowledge of tenant that another premises of landlord was vacated - Amendment of written statement sought to incorporate this fact - Amendment allowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Both the courts below found the requirement of landlord as bona fide and allowed the ejectment petition - Demise booth was on rent at a rate of Rs.800/- per month - In second appeal, tenant urged following points : (a) Landlord (since deceased) had not become owner of the demise..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Ejectment - On the ground that tenant ceased to occupy - No activity carried in the tenanted shop since 1989-90 till 1998 when original tenant died - Electricity supply also disconnected in 1995 - In a shop of three khans (parts) it is not possible to run business when there are no big windows or air..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord sought eviction of tenant on the ground that he wants to start his own restaurant in demised shop - Tenant denied relationship of landlord and tenant - In earlier Civil suit brought by tenant, tenant pleaded that he was inducted tenant by brother of landlord - Evidence of brother that premises..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9 -- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Eviction on ground of personal necessity - Specified landlord co-owner of demised premises - Held, co-owner can seek eviction of tenant as specified landlord - Plea not open to tenant that specified landlord failed to prove himself owner of the tenanted premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Building occupied by more than one tenant - Initiation of more than one eviction proceedings against tenants occupying different portions of building - Cannot defeat legislature purpose of S.13-B of the Act...........
