ATTAR SINGH versus INDER KUMAR

ATTAR SINGH versus INDER KUMAR

A landlord is not entitled to eject a tenant from rented land under s. 13(3)(a)(ii) of the Act for constructing a residential house; the provision is limited to cases where the land is required for business or trade.

Parties
Appellant: Attar Singh; Respondent: Inder Kumar
Jurisdiction
India
Judgment Date
04 November 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Eviction, Interpretation of Statutes, Landlord Tenant Relationship
Rent Control Property Law Eviction Interpretation of Statutes Landlord Tenant Relationship

Case Brief

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Parties

Attar Singh

Appellant

Inder Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Scope of s. 13(3)(a)(ii) of East Punjab Urban Rent Restriction Act, 1949—whether landlord can obtain ejectment order for any purpose or only for business/trade

Ratio Decidendi

A landlord is not entitled to eject a tenant from rented land under s. 13(3)(a)(ii) of the Act for constructing a residential house; the provision is limited to cases where the land is required for business or trade.

Court Disposition

Appeal allowed

Orders

  • Application for eviction of the appellant rejected
  • Appellant to pay the costs of the respondent