- (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: " Section 13: Eviction of tenants.- (1 ). . . . . . (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied -- (i)--------- (ii) that the tenant has after the commencement of this Act without the written consent of the landlord------- (a ). . . . . . . . . (b) used the building or rented land for a purpose other than that for which it was leased, or";