East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iv), 13(2) -- Change of user - Room let out for residence - Tenant changed it to shop and doing business of band master - Held, it is nuisance to play musical instruments - Eviction of tenant on ground of change of user and nuisance upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Subsequent events - Bona fide requirement - During pendency of eviction proceedings for the last 21 years, family needs of landlord have grown - In view of the large family, the entire premises is required by landlord - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bona fide requirement - NRI landlord intended to come back to India and start business - Not necessary for him to give all details of business and file project report...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement by NRI landlord - Landlord gave his address of Canada and relied upon photocopy of permanent residency card - No contrary evidence by tenant - Mere denial will not obliterate permanent residency card...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement by NRI landlord - It is not expected that till case is decided landlord should stay in India...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility of building - Tenant raised construction on Municipal land and thus causing obstruction to air and light - Amounts to impairment of the value and utility of the shop...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility of building - Construction whether amounts to material impairment to the premises or not is to be viewed from the prospect of the landlord and not of the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility of building - Absence of clause in the rent note that building will be retained in the same manner as it is let out - Held, even then it has to be inferred from each tenancy that the landlord expects the building to be retained in the same manner as it is let out to the tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owners - One co-owner having another property in his name - It cannot be said that co-owner seeking eviction has no personal necessity moreso when other co-owner has no objection if he take possession of the demised premises and starts business for settling his son...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3) -- Bonafide requirement - Pleading of necessary ingredients of the provision of S.13(3) of the Act - Held, it is the essence of the pleadings which is to be taken into consideration and not the technicalities, which will oust the landlord...........
