Court : Delhi
Decided on : Aug-21-1969
Reported in : ILR1970Delhi376
S.N. Andley, J.(1) Shop No. 3865/4, Khirki Taffazul Hussain, Urdu Bazar, Delhi was constructed by the appellant in June 1957. On October 1, 1957, it was let to the respondent at a rent of Rs. 30.00 per month. Upon the application of the respondent under the Delhi and Ajmer Rent Control Act, 1952 (hereinafter referred to as the '1952 Act'), the Rent Court by its order dated November 2!, I960 fixed the standard rent of the shop at Rs. 11.46 Paise per month with effect from March 22, 1958. By the time the order fixing the standard rent was passed, the Delhi Rent Control Act 1958 (hereinafter referred to as the '1958 Act') had come into force. By notice dated December 29, 1960 the appellant called upon the respondent to pay the arrears of rent for the months of November and December 1960 failing which an application for eviction of the respondent was threatened to be filed The arrears of rent were demanded at the rate of Rs. 30.00 per month. The respondent replied to the notice on January ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-27-1969
Reported in : AIR1969SC1165; (1969)1SCC724; [1969]3SCR855
1. This is an appeal by a tenant who had rented a shop No. 2687 in Kinari Bazar, Delhi from the respondent on Rs. 13.50 P per month. In those premises he was selling Usha sewing machines and fans. It appears that the level of the shop was too high from the road and his clients were troubled in going to his shop and so he lowered the level and thereby altered the premises to suit his convenience. 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. The suit was filed on November 13, 1957. The trial court ordered on February 19, 1959 ejectment and payment of Rs. 145/- as arrears of rent. An appeal against the order of the trial court was dismissed by the appellate authority on November 16, 1959. A revision application was then filed by the tenant on March 25, 1960. 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 a...
Tag this Judgment!Court : Delhi
Decided on : May-22-1969
Reported in : ILR1970Delhi210
Jagjit Singh, J.(1) Messrs Karan Chand Prem Chand Private Limited known as Sarabhai Chemicals are occupying as tenants a portion of the ground floor, including a loft. of building No. 12. Block No. 3. Asaf Ali Road. New Delhi. At first rent was being paid at the rate of Rs. 1,250.00 per month besides house-tax and actual charges for water and electricity. With effect from February 1. 1958, the rent was increased to Rs. 1,750.00 per month. House-tax and actual charges for water and electricity were in addition to that. (2) On January 4. 1961. Sarabhai Chemicals applied, under section 9 of the Delhi Rent Control Act. 1958 (hereinafter referred to as 'the Act') for fixation of standard rent. At that time the premises belonged to Sardar Bahadur Mohan Singh and his wife. Shrimati Lajwanti. and their son Gurbachan Singh. During the pendency of the proceedings the property was purchased by Messrs Urvinder Estates Private Limited. Afterwards Sardar Bahadur Mohan Singh also died. (3) The new la...
Tag this Judgment!Court : Delhi
Decided on : Oct-30-1969
Reported in : ILR1970Delhi892
V.S. Deshpande, J.(1) The common questions arising for decision in both these Writ Petitions are:- (1) whether a finding under section 14(1)(g) of the Delhi Rent Control Act, 1958 (hereinafter called the Act of 1958) (corresponding to section 13(1)(g) of the Delhi and Ajmer Rent Control Act, 1952) that the premises are unfit for human habitation and have to be demolished for reconstruction acts as rest indicate in a subsequent proceeding before the competent authority acting under section 19(4)(b) of the Slum Areas (Improvement and Clearance) Act, 1956, (hereinafter called the Act of 1956) and (2) if so, does this finding preclude the competent authority from acting under section 19(4)(a) of the Act of 1956. (2) In Civil Writ 708 of 1969, the landlord (Respondent No. 2) obtained an order of eviction against the tenant (petitioner) under section 14(1)(g) of the Act of 1958 on the ground that the landlord required the premises bona fide for the purpose of rebuilding the same and such wor...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-1969
Reported in : 1969(2)LC280(SC)
Sikri, J. 1. This appeal by special leave is directed against the judgment of the Circuit Bench of the Punjab High Court, Delhi, accepting the revision under Section 35 of the Delhi and Ajmer Rent Control Act, 1952 (XXXVIII of 1952) here with referred to as the Act, filed by Janendra Kumar Jain, respondent before us, hereinafter called defendant No. 8. By this judgment the High Court set aside the concur rent findings of fact given by the learned Senior Sub-Judge, Delhi, and the learned Sub-Judge, First Class, Delhi, that the All India Jain Digamber Parishad hereinafter referred to as the Parishad had sublet or otherwise parted with the possession of the premises, Rishi Bhawan, let out to it in May 1944 by Maharaj Krishan, appellant before us & hereinafter referred to as the plaintiff. 2. The main complaint of the learned counsel for the appellant is that the High Court was not right in holding that the courts below had misread the evidence in the case, and it had exceeded its powers u...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1969
Reported in : [1970]78ITR322(SC)
J.C. Shah, J.1. The High Court has not delivered any judgment giving reasons for rejecting the application under Section 66(2) of the Indian Income-tax Act, after the rule was issued. As we have held in this Court that once a rule is issued some reasons must be given for deciding the reference against the party applying, and since no reasons have been given, the order of the High Court is set aside and the cases are remanded to the High Court to be dealt with and disposed of in accordance with law. No order as to costs....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-1969
Reported in : AIR1969SC1288; (1969)1SCC760; [1970]1SCR9
A.N. Grover, J.1. This is an appeal by special leave from a judgment of the Punjab High Court (Circuit Bench at New Delhi) dismissing a petition for revision directed against the concurrent judgments of the courts below dismissing the action for eviction filed by the appellant against the respondents from a premises on Ajmal Khan Road, Karol Bagh, New Delhi.2. The facts may be succinctly stated. By means of a rent deed dated February 13, 1950 the appellant, who is the owner of the suit premises inducted as a tenant Labha Mal Arora, now deceased, who was a practising Advocate. Clauses (2) and (6) of the rent deed were in the following terms :-2. That the tenant agrees to use the property for his residence.6. That the tenant shall not assign or sublet the above said property or any part thereof without the written consent of the landlord, or utilise the Property for any purpose other than that mentioned above.On the same date a letter Ex. D-2 was written by the appellant to the late Labh...
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