Rent Law - Bona Fide Requirement - Landlord's Right to Eviction – Eviction petition filed in 2010 for the landlord’s sons’ use upheld by Rent Controller and Appellate Authority – Tenant contended property was sold and sons’ needs not genuine due to their marriage and existing businesses – Held, sons dependent on landlord for residence and business – Sa...
Civil Procedure - Amendment of Pleadings - Bona Fide Intention – Petition for amendment of eviction petition and impleadment of Praveen Prakash Kanwal as petitioner No.2 claiming independent landlord status – Held, amendment permissible as long as material pleadings are not altered or substituted and the amendment is bona fide – No mala fide intention found, and amendment necessa...
Rent Law - Eviction for Bona Fide Requirement - Personal Necessity – Landlord filed ejectment petition for the bona fide requirement of setting up his son – Concurrent findings by lower courts ordering eviction – Petitioner contended that during pendency of the proceedings, landlord’s son had let out another property – Petitioner's application for amendment under ...
Rent Law - Landlord-Tenant Dispute - Impleadment of Third Parties – Petitioner/landlord filed for ejectment of tenant – Respondents No. 1 & 2 filed for impleadment claiming ownership of mortgaged property – Rent Controller allowed application – Held, dispute of ownership should be decided by Civil Court, not Rent Controller – Third-party claiming ownership is not ...
Rent Law - Eviction for Bona Fide Need - Grandson's Independent Business – Petitioners, tenants, challenged eviction orders based on landlord’s claim of bona fide need for grandson’s independent shop – Held, working with grandfather and being an income tax assessee does not negate right to independent business – Grandson's need for improved status and separate...
Rent Law - Bona Fide Requirement of Landlord - Judicial Review – The petitioner contested the eviction order on the basis that the landlord, who is 74 years old with health issues, lacked bona fide intent to start a business. The court held that the landlord's advanced age and health conditions cannot be grounds to question his bona fide needs. The landlord is the best judge of his needs...
Rent Law – Eviction – Valid Service of Petition – Revision petition challenging eviction order under Section 13-B of the East Punjab Rent Restriction Act, 1949 – Tenant contended that petition was served without accompanying documents – Lower court ordered eviction without ensuring documents were served – High Court holds that valid service under Section 18-A re...
Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Te...