East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(c) -- Unsafe and unfit for human habitation - Portion occupied by tenant consisted of one room shop and verandah - Wall of room and a portion of roof fell down - Not possible to construct wall and roof without eviction of tenant - Order of eviction, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 18 -- Leave to defend - Court has to see only whether the defence is such that the landlord's petition for eviction could be decided against him or that the defence is not a moonshine and it could be supported by appropriate evidence or legal propositions...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Premises required to settle the son of brother whose father had died - Nephew disowned by an affidavit the need as proffered by the uncle - Order of eviction set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- To construct a new building - Submitting of site plan to Municipality - A religious institution not to be treated at par with an individual - If to build a new construction an intention finds expression in the resolution of the office bearers and they had resorted to take action in the process known to know, that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material impairment - The term `impairment' relates to a deterioration or a reduction in value - Unless it is shown that structural integrity of the building or the condition of the remaining building is in any way impaired, the mere additions which the tenant had carried out would not result in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(b) -- Change of use - Conversion of use of a residential building for non residential purpose - If during pendency of proceedings tenant ceases to use it for commercial purposes even then landlord can seek eviction on ground of change of user if at the time of filing of the petition tenant had put it to such a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(b) -- Change of user - Use of a part of the building for non residential purpose - Case Sant Ram Vs Rajinder Lal, AIR 1978 S.C. 1601 followed wherein held that user of a portion of the property for non residential purpose does not amount to change of user...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(4) -- Eviction order - Appeal against by some of the legal representatives/legal heirs while others not impleaded as respondents - Held, appeal or revision at the instance of some of the legal heirs is maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Landlord went to Canada and got permanent resident status there valid upto 2008 extended upto 2013 - Landlord returned to India after six months stay - Landlord is NRI landlord and is entitled to evict tenant u/s 13-B of the Act as the length of stay is not the criterion but it is the..........
