East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(2)(i) -- Bona fide need - Landlord is the sole judge of his own needs - It is for him to determine his standard of living and accommodation in which he wants to live - Courts cannot substitute his own opinion for the need of the landlord - However, mere device of landlord to occupy the tenanted premises himself is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Removal of intervening wall of two shops without consent of landlord - Concurrent finding of fact by Courts below that it has impaired the value and utility of the shop, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Each and every act of construction is not taken as material impairment of the premises - Each case is to be weighed on its own facts and circumstances...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Adjoining shop took on rent subsequently - Intervening wall removed - Contention of tenant that landlord himself removed intervening wall not acceptable when two shops have been described as independent entities and rent of two shops is fixed separately - If the landlord had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting without written consent of landlord - Subsequently tenant entered into a fresh lease deed wherein landlord specifically permitted tenant to sub let - Landlord cannot seek eviction of tenant on ground of sub-letting which took place prior to fresh agreement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Premises let out for manufacturing trunks and patties - Lathe machine and welding set installed for manufacturing process - Mere installation of lath machine and welding set does not amount to change of user...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unfit for human habitation - Expert witness produced by both parties tried to support their own pay masters - Local Commissioner appointed by Court, who is examined and cross examined by parties, clearly showing the damaged condition of the roof - There is no reason to ignore the report of Local..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Earlier petition on the same ground dismissed - If there is change of user subsequently, fresh petition on the same ground is maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Premises let out for residential purposes - Tenant started using the premises for storage of goods of shop - No articles of residential nature such as cots, utensils, luggage etc. found in premises by Local Commissioner - No family member of the tenant were there - Held, it amounts to change of..........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
