East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Unfit and unsafe - Petitioner led evidence regarding unfit condition of the portion in possession of tenant alone - In absence of evidence that entire building is in dilapidated condition, tenant cannot be ordered to be evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Premises if let out without any specific purpose of business then there is no restriction in the kind of the activity which may be carried out by the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Tendered by Advocate - Advocate validly appointed by tenant - Tenant at any stage not challenged the authority of Advocate to tender rent on his behalf - Held, tender is valid...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i), 2(g) -- Personal necessity - Upper portion let to tenant for residence and lower portion for business - Character of building is not changed to non residential - Landlord is entitled to evict tenant on ground of personal necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i) -- Personal necessity - Tenant living with mother at her sufferance - Family of landlord grew up and became bigger with marriage of his children - Requirement of landlord of his own premises is bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2(b) -- Residential building - Upper portion let out for residence and lower portion let out for shop - Separate rents fixed for each portion - Both the premises taken on rent on one and the same time - Held, tenancy would be considered tenancy of one unit though different rent was payable in respect of the portions..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(c) -- Unfit and unsafe for human habitation - Building consisting of shop and residential portion - Residential portion falling down which was bigger than shop - As bigger portion of building had fallen down as such tenant is liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing the value and utility - Hall converted into two rooms by raising a wall - It impairs the utility though not the value - Whether construction raised amount to impairing the value and utility of the building is to be judged from the point of view of landlord and no one else - Tenant liable to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Tenant totally denying construction - Tenant cannot at the same time take the plea of acquiescence or waiver on the part of the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Right accrued to landlord to evict tenant - This being a statutory right under the Act question of estoppel would not operate against the provisions of the Act...........
