1. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Eviction was sought by the petitioner as a specified landlord and merely stating that accommodation already available was insufficient for this family for which recourse could be to the normal procedure laid down in sub-section (3) of Section 13 of the Act. (177) P.L.R.  
  2. Haryana Urban (Control of Rent Restriction Act, 1973 (11 of 1973) S. 13 - Bona fide requirement - Landlord who seeks for eviction of a non-residential property is required to state that he has not vacated any building without reasonable cause and that he is not already in his own possession of any other building - Cannot be permitted to state in evidence after being forced to admit in the cross-examination that he has some other properties as well in his possession which is vacant to offer a belated explanation that other property is not suitable to him. (180) P.L.R.  
  3. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Eviction was sought by the petitioner as a specified landlord and merely stating that accommodation already available was insufficient for this family for which recourse could be to the normal procedure laid down in sub-section (3) of Section 13 of the Act. Anil Kumar Sood  v. Subhash Chander Kapila . (177) P.L.R.  
  4. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - It was made imperative for both the landlord and tenant that they must be absolutely clear in their mind their respective pleadings as to what case was to be proved by the landlord and rebutted by the tenant - Even otherwise, principles of Order 8 Rule 3 CPC lays down that it shall not be sufficient for a defendant in his written statement to deny generally the ground alleged by the plaintiff but the defendant must deal specifically with each allegation fact of which he does not admit the truth - As per Order 8 Rule 2 CPC, the defendant must raise by his pleadings all matters which show the suit not to be maintainable - Civil Procedure Code, 1908 (V of 1908) Order 8, Rule 2.  (179) P.L.R.  
  5. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Landlord - Gurdwara - President of the landlord-Gurdwara appeared wherein he clearly explained his authority to file the eviction petition against the tenant - Neither the petitioner-tenant himself has supported and sustained his plea of non-filing of the petition by a competent person for the landlord - Relationship of landlord and tenant between the parties is not even disputed by him - Held petition validly filed.(177) P.L.R.  
  6. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Materially impaired the value - A toilet bathroom constructed over the projection - Temporary - Eviction upheld. (179) P.L.R.  
  7. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Once the marginal witness appears and proves the rent note then the onus shifts upon the defendants to disprove the signatures/thumb  impression. (173) P.L.R.  4
  8. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Petitioner-applicant under Order 1 Rule 10 CPC claiming its status as owner has no right to intervene and seek impleadment - Rather the application in the eviction proceedings would complicate the matter as the Rent Controller is not to decide the question of title and ownership, for which separate remedy is available to the petitioner-applicant - Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 10. (177) P.L.R.  
  9. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Transfer of Property Act, 1882 (IV of 1882) S. 107 - Stamp Act, 1899 (2 of 1899) S. 2(14) - Registration Act, 1908 (16 of 1908) S. 17(1)(d), 49 - That a rent note executed for a period of eleven months, though reduced to writing and possession is delivered thereunder to a tenant, is not compulsorily registrable instrument - Therefore, provisions of Section 49 of the Registration Act will not apply - As the rent note  is only for eleven months it is not required to be registered and is admissible in evidence - So the finding of the learned courts below with regard to non-admissibility of rent note  for want of registration, is not sustainable in the eyes of law. (173) P.L.R.  
  10. Haryana Urban (Control of Rent and Eviction) Act, 1973 (II of 1973) S. 13 - Was the bare minimum required as per the law of pleadings - It does not lie in the mouth of the tenant to urge at a later stage that the landlord had not pleaded and proved the necessary ingredients under law after he having himself avoided to specifically deny or having not specifically pleaded the specific facts by answering the point of substance.  (179) P.L.R.  
  11. Haryana Urban (Control of Rent and Eviction) Act, 1972 (II of 1972) S. 13 - Application dismissed for non-appearance - The case was ripe for arguments - Rent Controller had the option to decide the issue on merits even in the absence of the parties, from both sides - The ejectment order could also have been passed in the absence of the tenant or his counsel and therefore, merely because the petitioner was not present and his counsel had allegedly stayed away on account of strike, should not gravely prejudice the parties for the conduct of their counsel- Lawyers Strike - Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 3.(177) P.L.R.  
  12. Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973) S. 13 - It is settled principle that the corporate bodies are juristic persons and have to act through their agents and officers - The initial resolution is in favour of the President and the Secretary and the Secretary has further delegated the power to Assistant working with the society - In such circumstances, no fault can be found if the said official has appeared and deposed in favour of the society regarding the need for personal necessity of the property.  (177) P.L.R.  
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