PIARA LAL versus KEWAL KRISHAN CHOPRA

PIARA LAL versus KEWAL KRISHAN CHOPRA

The High Court erred in holding that the mere falling down of the roof in one room justified eviction under Section 13(3)(a)(iii); unless the entirety or substantial portion of the building is unsafe and unfit for human habitation, such eviction cannot be ordered.

Parties
Appellant: Piara Lal; Respondent: Kewal Krishan Chopra
Jurisdiction
India
Judgment Date
06 May 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court in Civil Revision No. 959 of 1979
Outcome
Appeal allowed; judgment of High Court set aside.
Legal Topics
Eviction, Unsafe and Unfit Premises, East Punjab Urban Rent Restriction Act, 1949
Rent Law Eviction Unsafe and Unfit Premises East Punjab Urban Rent Restriction Act, 1949

Case Brief

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Parties

Piara Lal

Appellant

Kewal Krishan Chopra

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court in Civil Revision No. 959 of 1979

Legal Issues

  1. 1 Whether the High Court was justified in interfering with concurrent findings of Rent Controller and Appellate Authority regarding safety and fitness for human habitation under Section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949

Ratio Decidendi

The High Court erred in holding that the mere falling down of the roof in one room justified eviction under Section 13(3)(a)(iii); unless the entirety or substantial portion of the building is unsafe and unfit for human habitation, such eviction cannot be ordered.

Court Disposition

Appeal allowed; judgment of High Court set aside.

Orders

  • Respondent's application for eviction is dismissed.
  • Parties to pay and bear their respective costs.