M/s. Atul Castings Ltd. VS. Bawa Gurvachan Singh

Extract

---

M/s. Atul Castings Ltd. VS. Bawa Gurvachan Singh

CASE NO.: Appeal (civil) 2900 of 2001

PETITIONER: M/S. ATUL CASTINGS LTD.

Vs.

RESPONDENT: BAWA GURVACHAN SINGH

DATE OF JUDGMENT: 20/04/2001

BENCH: D.P. Mohapatra & Shivaraj V. Patil

JUDGMENT: Shivaraj V. Patil J.

Leave granted.

L...I...T.......T.......T.......T.......T.......T.......T..J The issue that has come up for consideration and decision in this appeal is whether use of one room to attend some office files at home in a building leased for residential purpose, renders a tenant liable for his eviction from the building under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949.

This appeal is filed by the tenant who has suffered an order of eviction under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949 (for short the

`Act). The respondent herein, the landlord, filed a petition for eviction of the appellant from the premises on the ground of non-payment of arrears of rent and using the premises for the purpose other than residence stating that the change of user had been effected without written consent of /the landlord. However, during the pendency of the proceedings, the landlord did not press the eviction petition on the ground of non-payment of arrears of rent.

The Rent Controller ordered eviction of the appellant from the premises accepting that he was using a part of the premises as office con...

See the full content of this document

---