KULDIP SINGH Vs. SHIV SARAN DASS RAKESH KUMAR

JUDGEMENT

(1.) QUESTIONS which have arisen for consideration in the course of proceedings Under Section 13 of the East Punjab Rent Restriction Act for ejectment, referred by the Single Bench are (i) whether the premises viz shops let out for non-residential purposes can be converted into a godown and vice versa; and (ii) whether by acceptance of rent, the landlord is estopped from seeking ejectment on the ground of change of user.

(2.) TWO shops were leased out to a partnership firm. On dissolution, lease-hold rights were partitioned amongst the partners. The shops were started being used as godowns.

(3.) IT would be expedient to notice here the relevant provision relating to eviction of tenants, which runs as under: