Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa) -- Additional evidence - Appellant stage - Certified copies of orders passed by authorities under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 - The defendant-respondents were diligent inasmuch as the documents were handed over to their counsel in the trial Court but inadvertently or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Some additions or alterations made - That by itself is not a ground to claim ejectment of tenant - Every addition/alteration cannot be said to be sufficient to hold that value and utility of the premises is impaired - It is only the additions and alterations which amount to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(2)(i) -- Bona fide need - Landlord is the sole judge of his own needs - It is for him to determine his standard of living and accommodation in which he wants to live - Courts cannot substitute his own opinion for the need of the landlord - However, mere device of landlord to occupy the tenanted premises himself is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Removal of intervening wall of two shops without consent of landlord - Concurrent finding of fact by Courts below that it has impaired the value and utility of the shop, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Each and every act of construction is not taken as material impairment of the premises - Each case is to be weighed on its own facts and circumstances...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Adjoining shop took on rent subsequently - Intervening wall removed - Contention of tenant that landlord himself removed intervening wall not acceptable when two shops have been described as independent entities and rent of two shops is fixed separately - If the landlord had..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Jurisdiction - Additional Director Consolidation - It has no jurisdiction, whatsoever to ignore order passed by the competent civil court and also by the revenue authorities under the provisions of the Punjab Land Revenue Act, 1887 - It is not open to him to interfere and decide..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Limitation - Application under Section 42 of the Act moved after a period of more than 2 decades - No sufficient reason shown for keeping mum for long period - Application cannot be entertained at belated stage...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting without written consent of landlord - Subsequently tenant entered into a fresh lease deed wherein landlord specifically permitted tenant to sub let - Landlord cannot seek eviction of tenant on ground of sub-letting which took place prior to fresh agreement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Premises let out for manufacturing trunks and patties - Lathe machine and welding set installed for manufacturing process - Mere installation of lath machine and welding set does not amount to change of user...........
