East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Material alteration - Premises let for running a studio - Tenant making a dark room by making certain changes in walls for proper enjoyment of premises - No ground to eject tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Tenant opened two doors - This fact known to landlady for 9/10 years - Held, landlady has acquiesced in opening of the doors - Cannot be said that the tenant has materially impaired the value and utility of the building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rate of rent - Landlord claiming it to be Rs.300/- p.m. whereas tenant claiming it to be Rs.150/- p.m. - From the evidence led by landlord Rent Controller as well as Appellate Authority found that landlord had failed to prove that the rate of rent is Rs.300/- - In the House Tax Assessment Register rent mentioned..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent claimed from March, 1976 to 30.11.1981 - - Landlord found to be a liar in respect of rate of rent - It is not possible to believe that landlord would wait for 5-1/2 years for filing ejectment petition on ground of non-payment of rent - In such a situation evidence led by tenant that he had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Rent - Tenant deposited rent in Civil Court in an interpleader suit between landlord and another party - Held, it is a valid deposit - Tenant not liable to ejectment...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Construction of tin sheds for proper running of business of saw mill - Such construction not embedded in earth to such an extent which will make its removal difficult or such construction damaged the surface of the land to such an extent that it cannot restored to its original..........
East Punjab Urban Rent Restriction Act, 1949, Section 10, 12 -- Repairs - Repairs contemplated under the Act are those repairs which are required to be occasioned by normal wear and tear of the building - Building when requires extensive repairs so as to practically amount to reconstruction of the building, the same cannot be ordered under Section 10 or 12 of the Act...........
Punjab Tenancy Act, 1887, Section 14, 4(6), 77(3)(n) -- Suit/application by mortgagee in possession for recovery of rent from mortgagor-landlords - Maintainable - Landlord-mortgagors liable to pay rent to mortgagee in either case that mortgagee had given land in rent to mortgagors and that is why they are in occupation of land despite the mortgage being with possession or..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5(2) -- Execution of order of eviction of unauthorised occupant - Application not required - No limitation for putting rightful owner in possession of public premises occupied by unauthorised occupant - Collector duty bound to evict person in unauthorised occupation and take possession of..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Limitation Act, 1963, Article 137 -- Execution of order of eviction of unauthorised occupant - Warrant of possession issued in execution proceedings initiated before expiry of 3 years - Order could not be executed either for the reason that execution application dismissed in default or that..........
