East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Bank locked the shop as tenant could not pay hypothecated amount - Premises thus not remained closed for a continuous period of four months without a sufficient reason and secondly it was not a voluntary act on the part of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Verandah in a residential building used by tenant for business at a small scale for earning his livelihood - Tenant cannot be held to be guilty of converting residential building into a non residential building as the dominant purpose was still residential...........
Rent and Eviction -- Bona fide need - Attempt by landlord to sell away the property to tenant during pendency of eviction proceedings - Not fatal to the plea of bonafide need. (Kerala Buildings (Lease and Rent Control) Act, 1965, S.11(3)...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New plea, which is not covered in original written statement or an inconsistent plea, against the original written statement - Can be included in additional written statement - Such a defence cannot be described or labeled as prejudicial defence or vexatious or scandalous, as understood under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Rent - Insufficient tender - Providing another opportunity to make the deficiency in tender of rent cannot be granted when relationship of landlord and tenant is denied...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Eviction petition filed by owner whereas premises were let out by Power of Attorney holder without disclosing he being power of attorney holder - As power of attorney is a registered document and registration of a document is notice to all as such it is not open to the tenant to say that he was not aware of the..........
Rent and Eviction -- Eviction order on ground of bona fide need - Tenant filed appeal - Death of landlord during pendency of appeal - Makes no difference as his heirs are fully entitled to defend the estate - Bona fide need of the landlord has to be examined as on the date of institution of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Property partly owned by government - Government not impleaded as party - Ejectment petition without Govt. being party - Fact that tenant recognised ownership of landlord and also paid rent to him - Temple and Government were not necessary parties to be impleaded in suit for ejectment...........
Rent and Eviction -- Non payment of rent - Agreement to sell with tenant - Tenant asserting that he is in possession in part performance of agreement of sale - Not mentioned in clear terms in agreement that relationship of landlord and tenant has been terminated and that tenant is under no obligation to pay rent - Tenant remains tenant and he is liable to pay rent - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord deposing that shop remained closed for 3/4 months and not for more than 4 months - Eviction on ground that tenant has ceased to occupy shop is not available to landlord...........
