Court : Rajasthan
Reported in : AIR1989Raj24; 1988(2)WLN197
..... has submitted that the munsiff was not right in holding that the appellant had become a direct tenant, under section 20 of the delhi and ajmer rent control act, 1952, since the provisions of the said act had been repealed prior to the passing of the decree dated 20th august, 1965 and that the said provisions could not be invoked on the date of the passing of the decree. ..... merely because the executing court has wrongly applied the provisions of section 20 of the delhi and ajmer rent control act, 1952 which stood repealed and were not applicable, does not mean that the order passed by the executing court was ..... tandon on the basis of section 20 of the delhi and ajmer rent control act, 1952 because the said act had been repealed with effect from 27th november, 1957 and was not in force on 20th august, 1965, the date of the passing of the decree in the suit for eviction filed by shri ..... tandon in view of section 20 of the delhi and ajmer rent control act, 1952 and that the said order passed by the executing court on the application under order 21, ..... with the view of the munsiff that the statutory tenancy of the plaintiff-respondent came to an end on the passing of the decree for eviction and expressed the opinion that a tenant whose tenancy has been terminated but who continues to be in possession after the termination of the tenancy is still a tenant until he is deprived of his possession in accordance with the provisions of the rajasthan premises (control of rent & eviction act, 1950). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1305; [1964]4SCR647
..... the control act of 1958 repeals the delhi and ajmer rent control act, 1952, hereinafter called the control act of 1952, in so far as that act was applicable to the union territory of delhi, but contains certain savings in respect of "suits and proceedings" pending at the commencement of the control act of 1958. ..... (1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... (1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... it states in express terms that notwithstanding the repeal of the control act of 1952, all suits and proceedings under the control act of 1952 pending before any court or other authority at the commencement of the control act of 1958, shall be continued and disposed of in accordance with the provisions of the control act of 1952, as if the control act of 1952 had continued in force and the control act of 1958 had not been passed. ..... section 13 of the delhi and ajmer rent act, 1952 which had come into force on june 9, 1952 and governed the case, prohibited courts from directing eviction of a tenant at the suit of a landlord excepting in the cases mentioned in the proviso to it. ..... 57 repeals the control act of 1952 in so far as it is applicable to the union territory of delhi. ..... chapter 11 of the control act of 1952 dealt with standard rent and also contained provisions relating to other charges by the landlord. .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIAD(Delhi)261; 95(2002)DLT508; 2002(61)DRJ457; 2002RLR149
..... . sub-section (1)(a)(2) of section 6 deals with the standard rent of residential premises which have been let out at any time on or after june 2, 1944 in respect of which rent has been fixed under the repealed delhi and ajmer-merwara rent control act, 1947 (19 of 1947),or the repealed delhi and ajmer rent control act, 1952 (38 of 1952) ..... the 2nd day of june, 1944,-- (a) in any case where the rent of such premises has been fixed under the delhi and ajmer-merwara rent control act, 1947 (19 of 1947) or the delhi and ajmer rent control act, 1952 (38 of 1952),-- (i) if such rent per annum does not exceed twelve hundred rupees,the rent so fixed; or (ii) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with fifteen per cent of such rent; (b) in any other case, the rent calculated on the basis of ten per cent per annum of the aggregate ..... have been let out at any time on or after the 2ndday of june, 1944,-- (a) in any case where the rent of such premises has been fixed underthe delhi and ajmer rent control act, 1947 (19 of 1947), or the delhi and ajmer rent control act, 1952 (38 of 1952),-- (i) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed together with ten per cent of suchrent; (b) in any other case, the rent calculated on the basis of (ten per cent) per annum of the aggregate amount of the (actual) cost of construction .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
..... in that case, the non obstante clause under section 57 of the control act of 1958 while repealing the delhi and ajmer rent control act, 1952 was as follows:57(1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... sri pratap chand reported in : [1964]4scr647 , while interpreting the provisions of the delhi & ajmer rent control act, 1952 and delhi rent act 1958, the majority view was that the term 'shall have regard to the provisions of this act' means the court shall have regard to the provisions of the new act which makes a provision with the non obstante clause. ..... union of india reported in : (1995)1scc104 while discussing the report of the national urbanization and the objects of the delhi rent control act of 1958, the hon'ble supreme court observed as under:28. ..... singhvi, learned counsel has drawn our attention to various provisions of the old act and the new act, especially with regard to applicability of the act in a particular * area or class, fixation of rent, grounds for eviction, constitution of separate rent control tribunals, repeal & saving clauses, etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1165; (1969)1SCC724; [1969]3SCR855
..... the proviso did not apply and the matter had to be governed by the old delhi and ajmer rent control act, 1952 which had been repealed.6. ..... section 57(1) of that act provided that the delhi and ajmer rent control act,1952 in so far as it was applicable to the union territory of delhi, was being re-pealed. ..... therefore, if section 13(1)(k) of the delhi and ajmer rent control act, 1952 applied, the eviction of the tenant was the proper order to make in view of the finding that he had caused substantial damage to the premises. ..... the delhi and ajmer rent control act, 1952. ..... the landlord thereupon filed a suit against him for his eviction under section 13(1)(k) of the delhi and ajmer rent control act, 1952. ..... during the course of that revision he invoked the provisions of the delhi rent control act, 1956 which had come into force on february 9, 1959 and relied upon section 14(1)(j) of the new act read with section 57. ..... however, the matter comes to the court because of the passing of the delhi rent control act, 1958 which came into force on february 9, 1959. ..... agarwala, the provisions of the delhi rent control act, 1958 cannot be taken into consideration. ..... as is very frequent in our country, rent control acts are changed from time to time causing numerous difficulties in their interpretation and application. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi87; 20(1981)DLT364; 1981(2)DRJ262; ILR1982Delhi253
..... this section reads as under; '57: repeal and savings: (1) the delhi and ajmer rent control act, 1952 (38 of 1952) in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... 15 of 1967) seeking protection against dispossession in execution of the said ejectment decree on the ground that he was a lawful sub-tenant and on passing of the decree of ejectment against the tenant he became a direct tenant of the entire property under the decree-holder under section 20 of the delhi & ajmer rent control act, 1952 (hereinafter called the 1952 act'). ..... seth kastwbhai lalbhai and others, : [1967]3scr343 which was a case under the bombay rents, hotel and lodging house rates control act, 1947 containing the provision similar to the provisions of section 20 of the 1952 act and section 18(2) of the 1958 act, it has been observed that the interest of a tenanl comes to an end completely after the tenancy of the contractual tenant has been determined by notice and the contractual tenant has been ordered to be ejected under the rent act on any of the grounds available ..... the appellants allege that they sent separate notices regarding creation of sub-tenancy in their favor under section 17 of the delhi rent control act, 1958 (hereinafter called the 1858 act'). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN199
..... it may be pointed out here that the delhi and ajmer rent control act, 1952 was repealed on 27.11.1957. ..... the only contention raised on behalf of the appellants is that the learned additional civil judge has erred in coming to the conclusion that by virtue of the provisions of section 20 of the delhi and ajmer rent control act, 1952 suryanand became a tenant of the plaintiffs and since he had not incurred any liability to be ejected no decree for ejectment could be passed against him.6. ..... 1) came to the conclusion that the tenancy of ramji das in respect of the ground floor came to an end on 21-9-1957 and that by virtue of section 20 of the delhi and ajmer rent control act, 1952 (which will hereinafter be called the act of 1952) suryanand became directly a tenant of the landlord aditya prakash.7. ..... the other finding recorded by the learned judge that since surya nand had been admitted as a sub-tenant with the consent of the landlord he could avail of the protection provided under the rajasthan premises (control of rent and eviction) act, 1960 is obviously wrong and the leraned counsel for the respondents has not rightly relied upon this argument,10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC302; (1976)4SCC535; [1977]1SCR731
..... it appears from the statement of facts by the full bench, which has not been questioned before us, that the fixation of rent in 1941, under the new delhi house rent control order, 1939, continues to be valid notwithstanding the repeal of the control order by section 15 of the delhi and ajmer-merwara rent control act, 1947, which, in its turn, was repealed by section 46 of the delhi and ajmer rent control act, 1952. ..... it may be observed here that the proviso to section 116 of the delhi municipal corporation act 66 of 1957, providing for determination of rateable value of lands and buildings assessable to tax, lays down :provided further that in respect of any land or building the standard rent of which has been fixed under the delhi and ajmer rent control act, 1952, the rateable value thereof shall not exceed the annual amount of the standard rent so fixed. 13. mr. s. t. ..... it is clear that, although, legislative provisions, for the fixation of standard rent in new delhi, contained in section 9 of the delhi rent control act 59 of 1958, are comparatively recent and fairly elaborate, yet, the fixation of rates for purposes of assessment of house tax is still governed by the provisions of section 3(l)(b) of the punjab municipal act of 1911, enacted at a time when there was no machinery for the control of rents. ..... we may here indicate the penal provisions in the delhi rent control act of 1958, which make the ratio decidendi of smt. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi176; 23(1983)DLT148; 1983(4)DRJ161; 1983RLR73
..... act was repealed by the delhi and ajmer rent control act, 1952 (act ..... urban area of delhi, the first comprehensive legislation for control of rents and evictions was introduced by way of the delhi and ajmer-merwara rent control act, 1947 (act no. ..... in possession after the termination of his tenancy but shall not include any person against whom any order or decree for eviction has been made the statement of objects and reasons for the amending act reads as under:- 'there has been a persistent demand for amendments to the delhi rent control act, 1958, with a view to conferring a right to tenancy on certain heirs/successors of a deceased statutory tenant so that they may be protected from eviction by ..... ') section 2 of the amending act provided that, 'in section 2 of the delhi rent control act, 1958 (principal act) for clause (1) the following clause shall be, and shall be deemed always to have been, substituted, namely :- (1) 'tenant' means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes- (i) a sub tenant ; (ii) any person continuing in possession after the termination of his tenancy; and (iii) in the event of the death of the person ..... it will be noticed that general rights of the landlord and tenant are governed by transfer of property act in delhi, the rent control laws are a curb on the general rights of the landlord to evict a tenant after determining the tenancy or in accordance with the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi236
..... the said act of 1947 was repealed by section 46 of the delhi and ajmer rent control act, 1952, which in its turn was repealed by section 57 of the delhi control act, 1958. ..... (21) it has also to be noted that the new delhi rent control order, 1939, was repealed in 1947 by section 15 of the delhi and ajmer merwar rent control act, 1947, but everything duly done under the repealed rent control order was saved. ..... (32) in the present case, the new delhi rent control order, 1939, under which fair rent was fixed for the petitioner's house or building, was repealed by the delhi, ajmer and merwar rent control act, 1947. ..... it can be seen that all the said observations were obviously made as regards the fixation of standard rent under the delhi rent control act as between the landlord and the tenant, and that it was pointed out that section 9 of the act clearly indicates that it is only the standard rent which is fixed by the controller under the delhi rent control act which will bind the landlord and the tenant, and not the standard rent fixed by agreement between the parties outside the court. .....
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