Rent and Eviction -- Change of user - As the licence of liquor vent not renewed as such the tenant started business of general merchandise - it is not change of user as it will not cause any mischief or detriment or impairment to the shop. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)(ii)(b)..........
Rent and Eviction -- Subletting - Subletting to son-death of tenant - as the tenancy is heritable as such after the death of (father) the tenant, son alleged to be sub tenant becomes the tenant in his own right...........
Tenant -- of mortgagee in possession not entitled to protection of Rent Control Legislation on redemption of mortgage. (Rajasthan Premises (Control of Rent & Eviction) Act, 1950, S.13)..........
Rent and Eviction -- Unfit and unsafe for human habitation - The mere fact that extensive repairs can make the same fit for habitation, no ground to refuse ejectment of the tenant - Tenant's application for repairs rejected and ejectment ordered. (East Punjab Urban Rent Restriction Act, Ss.12, 13)..........
Rent and Eviction -- Materially impairing the value and utility - Onus of proof - Once it was established that there existed a verandah in the shop onus lay heavily on the tenant to show what happened to it. (East Punjab Urban Rent Restriction Act, S.13 (2)(iii)...........
Rent and Eviction -- Tenant has ceased to occupy the building - Meaning - Physical possession of tenant is not essential requisite - As there being no material on record to show that business was being carried on by someone for or on behalf of tenant. It was established that tenant had ceased to occupy the shop. (East Punjab Urban Rent Restriction Act, S.13(2)(v)...........
Rent and Eviction -- Tenant purchased property in his occupation inspite of the knowledge of agreement to sell between landlord and plaintiff - Not a bonafide purchaser without notice - Suit for specific performance decreed-possession of the portion over which the tenant is in occupation - His possession as a tenant cannot be disturbed except under the provisions of Rent..........
Rent and Eviction -- arrears of rent - not tendered in full on the first date of hearing - tenant liable for eviction (S.13 E.P.U.R.R. Act)..........
Rent and Eviction -- Scheduled landlord - grant of leave to contest to tenant - grounds disclosed by the tenant in his affidavit are to be taken into Consideration and if grounds are found to be plausible leave ought to be granted - Rent Controller not to enter arena of proof at that stage. (East Punjab Urban Rent Restriction Act, Ss.13-A, 18-A, (4) & (5)..........
Rent and Eviction -- sub-letting - two ingredients (1) sub-tenant had exclusive right of possession or interest in the premises or part of the premises to the exclusion of the tenant (2) that right must be in lieu of payment of some compensation or rent...........
