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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material impairment of value and utility - Shop - Verandah covered up by construction of walls on two sides and a rolling shutter in the front - Original door removed - Held, in the case of a shop in a business locality the area of the shop gets increased by the verandah getting enclosed and it increases..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)((b), 13(2)(iii) -- Change of user - From business of milk dairy to dry-cleaning - Held, business of dry cleaning cannot be said to be allied or ancillary to the business of milk dairy - Amounts to change of user - Order of eviction passed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)((b), 13(2)(iii) -- Change of user - From business of milk dairy to dry cleaning - During pendency of revision in the High Court tenant reverted to the business of general merchandise - Held, there is no ground to decline ejectment...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Construction of tin shed, a temporary structure - Does not amount to material alteration impairing value and utility of the premises...........
