East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Co-owners - Three properties jointly owned by co-owners - Brother in possession of two properties - Landlord is entitled to seek eviction of tenant from third property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Eviction sought after retirement to start own business - Landlord thereafter started practice as an Advocate - Landlord may not have envisaged that instead of starting his business he may join legal profession - No contradiction in pleadings - Eviction petition cannot be rejected...........
Registration Act, 1908, Section 17 -- Compromise decree - Registration - All decrees and orders of Court including a compromise decree subject to the exception as regards properties that are outside the subject matter of suit do not require registration - However, there is no exemption or exclusion in respect of a decree which brings about a gift of immovable property or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Tenant floating partnership firm keeping only 5% share in profit and loss - Partnership firm is a mere camouflage - It is sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Hall converted into two rooms by raising a wall and fixing a door - Held, it materially impaired the value and utility of the building - Tenant liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Waiver - Landlord accepting rent after such alteration - Does not amount to acquiescence or waiver...........
Dholi Tenure -- Nature of and restrictions thereof - (i) The `dholi' tenure may be a rent free grant for the benefit of a temple, mosque or shrine or to a person for a religious purpose and the grant continues till the holder carries out the duties of his office and can be terminated on failure to carry out the said duties as held in Sewa Ram's case, AIR 1922 Lahore 126..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Proof of - Landlord has to prove that tenant had parted with exclusive possession in favour of sub-tenant or part thereof and for consideration - Unless these two ingredients are fulfilled, the sub-letting cannot be said to have been proved...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Two ingredients to prove sub letting are (1) Tenant had parted with exclusive possession (2) For consideration - When exclusive possession of sub tenant either wholly or partly in the premises is proved then presumption can be drawn qua the consideration...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - In the absence of exclusive possession, sub-tenancy cannot be proved merely on account of presence of some other person in the premises...........
