WARYAM SINGH versus BALDEV SINGH

WARYAM SINGH versus BALDEV SINGH

Since the landlord led no evidence to prove material impairment of value or utility of the shop, and the mere enclosure of the verandah does not establish such impairment, no decree for eviction can be passed under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949.

Parties
Appellant: Waryam Singh; Respondent: Baldev Singh
Jurisdiction
India
Judgment Date
31 October 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Material Alteration, Eviction, Impairment of Value or Utility, East Punjab Urban Rent Restriction Act, 1949
Rent Control Material Alteration Eviction Impairment of Value or Utility East Punjab Urban Rent Restriction Act, 1949

Case Brief

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Parties

Waryam Singh

Appellant

Baldev Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether enclosing the verandah by the tenant without landlord's consent materially impaired the value and utility of the shop under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949

Ratio Decidendi

Since the landlord led no evidence to prove material impairment of value or utility of the shop, and the mere enclosure of the verandah does not establish such impairment, no decree for eviction can be passed under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • No order as to costs.