East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Shop rented out for Karyana and other household merchandise - Tenant started Table Tennis Club - In absence of prohibition in the agreement from changing one business to another, change of business will not amount to change of user unless the category of the building itself is changed..........
Punjab Municipal Act, 1911, Section 3(1)(b), 67 -- Annual rental value of property, assessment of - Determination of fair rent - Essential - Annual rental value of property cannot be determined without determining first fair rent of property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(3), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction petition - Additional evidence at appellate stage - Appellate Authority under Rent Act has jurisdiction to permit adducing of additional evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction petition - Additional evidence at appellate stage - Provisions of the Code not ipso facto apply to the statutory Tribunals which are creature of a statute - The Tribunal with the object of doing justice can always devise its own procedure...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - To son - Death of tenant during pendency of proceedings - Son inheriting the tenancy - Son thus became direct tenant - Order of eviction cannot be passed on ground of sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy - Tenant and his son occupying the premises since inception - Tenant transferred 3/4 times in connection with govt. service - Premises remained in occupation of son of tenant - Cannot be said that tenant vacated and ceased to occupy...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iv), Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Eviction sought on ground of sub letting - Admission made by tenant in an earlier petition for eviction - Admission was not accepted by Rent Controller in that petition - Tenant not bound by admission which was not accepted by Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2) -- Arrears of rent - Denial of relationship of landlord and tenant - Rent Controller is not under an obligation to assess rent, interest and cost of application once relationship of landlord and tenant is denied...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy - No consumption of electricity for three years - Oral evidence also available that shop remained locked - Held, as tenant ceased to occupy as such order of eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Not taking action for 6/7 years inspite of coming to know of sub tenancy immediately or after 2/3 months - No adverse inference can be drawn because no amount of delay or inaction on the part of landlord in filing the ejectment application can justify the sub letting...........
