East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Co-owners - Three properties jointly owned by co-owners - Brother in possession of two properties - Landlord is entitled to seek eviction of tenant from third property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Eviction sought after retirement to start own business - Landlord thereafter started practice as an Advocate - Landlord may not have envisaged that instead of starting his business he may join legal profession - No contradiction in pleadings - Eviction petition cannot be rejected...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Tenant floating partnership firm keeping only 5% share in profit and loss - Partnership firm is a mere camouflage - It is sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Hall converted into two rooms by raising a wall and fixing a door - Held, it materially impaired the value and utility of the building - Tenant liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Waiver - Landlord accepting rent after such alteration - Does not amount to acquiescence or waiver...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Proof of - Landlord has to prove that tenant had parted with exclusive possession in favour of sub-tenant or part thereof and for consideration - Unless these two ingredients are fulfilled, the sub-letting cannot be said to have been proved...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Two ingredients to prove sub letting are (1) Tenant had parted with exclusive possession (2) For consideration - When exclusive possession of sub tenant either wholly or partly in the premises is proved then presumption can be drawn qua the consideration...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - In the absence of exclusive possession, sub-tenancy cannot be proved merely on account of presence of some other person in the premises...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Application is maintainable without depositing rent due...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Dismissal of application - Appeal thereagainst not maintainable before Appellate Authority...........
