East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction petition - Ground that premises have become unfit and unsafe for human habitation - Expert witness examined at the behest of landlord found that 100% of batons used in roof were moth eaten and termite effected - Deposition of expert witness supported by testimony of professional photographer -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - After retirement landlord joined service on contractual basis - Held, by no stretch of interpretation can it be suggested that a post-retirement assignment, which too is contractual in character and terminable on a month notice, would be covered by the provisions aforementioned...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Every change of user is not actionable - It is only the change which impairs the utility of the building or which causes hardship to the landlord is actionable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Not paid even when provisional rent was fixed and not so paid even on adjourned dates - Reason stated that when he went to Court he was told that Presiding Officer has left for some urgent work - - When he again went at 2 PM he was told that ejectment order was already passed - Order upheld..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Tenant moved application to take measurements of property in possession of landlady with a view to controvert the plea of personal necessity - Application dismissed - Held, not understandable as to how the measurement of the property can lead to the conclusion that need is not bona..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 10,, 15, Limitation Act, 1963, Article 136, 137 -- Eviction order - Execution - Limitation for execution of eviction order passed u/s 13 of the Act or an order passed u/s 10 or 15 of the Act is 12 years as per Article 136 and not 3 years as per Article 137 of Limitation Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Ejectment petition under Section 13-B - Summons served upon tenant - Tenant failed to file application within 15 days to contest petition - Ejectment ordered...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A(2) -- Schedule II - Eviction proceedings - Application by tenant seeking leave to defend - Plea of tenant that he got notice of proceedings only on date he first appeared in Court - Application filed within 15 days of notice - In absence of prior personal service of notice to tenant and any satisfactory material to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Seeking eviction of tenant to start business in the tenanted premises - Petition opposed by tenant that landlord was an elderly person and since his family members and relatives are living in Canada, hence elderly person cannot run business singularly - Contention not tenable - Held, NRI..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction order - Execution - Petitioner claiming to be a direct tenant - Rent alleged to be paid through cheques and also directly to a son of the landlord - However, there is no evidence to prove the same or that landlord had uncashed the cheques - No document to prove relationship of landlord and tenant..........
