East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - Finding of fact - If based on mis-appreciation of evidence or erroneous application of law then High Court has jurisdiction to correct the erroneous findings of fact also...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Company - Used the premises as the residence of the Executive Director - Tenant through its Executive Director accepted the request of the landlord and undertook to vacate the premises - A person acting as a director could legally enter into a compromise on behalf of the Company - Even if..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Promise to vacate after three years - Held, promise to vacate after a specified time is not a ground enumerated for eviction under Rent Act...........
Rent and Eviction -- Sub letting - Plea has to be raised that tenant has parted with possession in favour of sub tenant for consideration - If a person sits in the shop for the augmentation of the business of the tenant, plea of sub tenancy would not be accepted. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii)(a)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(b) -- Change of user - Built up portion of premises let out for residential purpose and vacant portion for commercial purpose - Entire premises used for commercial purpose - Amounts to change of user...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent deposited by tenant u/s 31 of Punjab Relief of Indebtedness Act prior to filing of eviction petition - Landlord is not entitled to interest on rent which had already been deposited before the filing of ejectment petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment petition - Ground of non payment of rent - Did not subsist when rent tendered - Still exparte ejectment order passed - Held, Rent Controller did not apply his mind - A serious prejudice has been caused to the tenant and rather a mis-carriage of justice has been done to the tenant - Revision allowed,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Change of user - 'Business' used in the rent note is of widest import and it will also include all types of manufacturing of the goods...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2) -- Sub letting - No neighbour examined to prove that sub tenant has complete control over the part of the demised premises - Account books of sub-tenant also not summoned to establish the alleged relationship of sub-tenancy - Held, sub-tenancy not proved...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- `Ceased to occupy' - Two factors necessary are (i) actual lose of control of the premises (ii) this lose of control was with the intention to abandon the tenancy rights from the said premises...........
