NAND KISHORE versus YASHPAL SINGH

NAND KISHORE versus YASHPAL SINGH

Even if residential premises is let out for commercial purposes by mutual agreement, landlord can seek eviction since conversion for commercial use without permission is violative of Section 11 and Section 13(2)(ii)(b); both sections are mandatory and provide for eviction and penalty.

Parties
Appellant: Nano Kishore; Respondent: Yashpal Singh
Jurisdiction
India
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal Allowed
Legal Topics
Eviction, Conversion of Use, East Punjab Urban Rent Restriction Act
Rent Law Property Law Eviction Conversion of Use East Punjab Urban Rent Restriction Act

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Parties

Nano Kishore

Appellant

Yashpal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether premises situated in residential area/building can be used for commercial purposes even by consent of landlord in view of Section 11 of East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether landlord can seek eviction if residential premises is let out for commercial purposes by mutual agreement

Ratio Decidendi

Even if residential premises is let out for commercial purposes by mutual agreement, landlord can seek eviction since conversion for commercial use without permission is violative of Section 11 and Section 13(2)(ii)(b); both sections are mandatory and provide for eviction and penalty.

Court Disposition

Appeal Allowed

Orders

  • Impugned judgment of High Court set aside.
  • Appellate Authority's judgment restored.