East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Unfit and unsafe for human habitation - Building 90 years old - By itself not sufficient to hold that building has become unsafe and unfit for human habitation - The fact that the building is old not necessarily render a building unsafe and unfit for human habitation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Tender of rent - Denial of relationship of landlord and tenant amounts to a positive assertion of a right not to tender rent - In such cases it is not expected of the Rent Controller to pass an assessment order of rent directing tenant to pay the rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Tenant conceded that landlord had been issuing rent receipts but the same not forthcoming on record - Eviction ordered on account of insufficient tender - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Plea of tenant that he had already paid rent but landlord did not issue receipts - Not believable - If landlord was not issuing receipts then tenant could move an application before Rent Controller for the deposit of rent - Plea not tenable in absence of cogent and convincing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Rate of rent - Landlord placed on record counterfoils of rent receipts duly signed by tenant to show that rate of rent was Rs.150/- p.m. - Held, that record of Municipal Corporation cannot be said to be conclusive proof regarding the rate of rent in respect of demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Limitation - There is no period of limitation - Even time barred arrears of rent can be claimed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Short or invalid tender - Dispute as to rate of rent and period for which rent is due - Rent Controller when comes to the conclusion that tender is short and invalid then a conditional order is to be passed by giving tenant a reasonable time for paying or tendering the deficit amount,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sub tenant occupying part of premises and his possession found exclusive - Tenant admitting that sub tenant has been kept in the premises to protect his forcible eviction by the landlord - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction petition - Sub letting - Plea of tenant that a person is kept in the premises to protect his forcible eviction by the landlord - Held, it is sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - No electricity consumption, in summer months - No evidence to rebut that either meter was dead or that he had gone to a pilgrimage or to some other place, on account of some unforeseen circumstances and thus could not sit in the shop and use the electricity - Tenant ceased to occupy shop..........
