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. ..... 57, sub-section (2), does not demand that a suit for the eviction of a tenant filed under the previous act of 1952 must be governed entirely by the provisions of the new act but that, on the other hand, the provisions applicable continue to be the provisions of the old act with this addition that, where the new act has slightly modified or clarified the previous provisions, those modifications and clarifications should be applied, but, where entirely new rights and new liabilities have been ..... the point to be noticed with regard to the provisions in chapter v is that the control act of 1952 conferred power and jurisdiction on ordinary civil courts with the usual right of appeal from the first court as in other civil proceedings and a right to move the high court in revision from the appellate judgment, in respect of suits for recovery of possession of all premises as defined in the act, which definition excluded rooms in a hotel or lodging house. ..... in the matter of sub-letting the relevant date was taken as june 9, 1952 the date on which the control act of 1952 came into force, and a distinction was made between sub-letting before that date and sub-letting after that date. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj24; 1988(2)WLN197
..... 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tenant, under section 20 of the delhi and ajmer rent control act, 1952, since the provisions of the said act had been repealed prior to the passing of the decree dated 20th august, 1965 and that the said provisions could not be invoked on the date of the passing of the decree .....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court has wrongly applied the provisions of section 20 of the delhi and ajmer rent control act, 1952 which stood repealed and were not applicable, does not mean that the order passed by the ..... tandon on the basis of section 20 of the delhi and ajmer rent control act, 1952 because the said act had been repealed with effect from 27th november, 1957 and was not in force on 20th august, 1965, the date of the passing of the decree in the suit for eviction ..... this court was only dealing with the question as to whether the tenant was entitled to invoke the protection of the provisions of section 13a which was inserted in the act in 1965 by rajasthan act ..... the action of the landlord in instituting a suit for eviction on the ground mentioned in any state rent act will be tantamount to an expression of his intention that he does not want the tenant to continue as his lessee and the jural relationship of lessor and lessee will come to an end on the passing of an order or ..... in this connection it may be mentioned that this view taken by executing court was not challenged, in appeal or revision by the decree-holder .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT491; 1973RLR509
..... for example, section 46 of the act repealed delhi and ajmer-marwara rent control act (19 of 1947) but decrees for eviction passed under the 1947 act were still operative and could be executed ..... section 14 of this act also uses the expression 'order or decree' but section 42 provides that save as provided by section 41 (which relates to power of the controller for recovery of fine) an order made by the controller or an order passed in appeal under this act shall be executable by the controller as a decree of a civil court and for this purpose, the controller shall have the power of a civil court ..... (10) what then is meant by the expression 'order' in section 13 it means, to our mind, an order in execution in respect of decrees which had already been passed when the act came into force the purpose of the provision being to secure the further protections that were granted by the act to persons entitled to them. ..... (14) for the aforesaid reasons, we hold that a tenant against whom a decree for eviction on the ground of personal need of the landlord was passed under the 1952 act is not entitled to agitate at the stage of execution that the personal need of the landlord had ceased to exist and the decree, thereforee, was inexecutable. ..... for these reasons, we are in agreement with the view taken in vas dev. vs. ..... rule of rest judicata is based on fundamental principles of jurisprudence that there should be an end to law suits and that no man should be vexed twice over the same cause of action. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi210
..... section 57 of the act repealed the delhi and ajmer rent control act, 1952, in so far as it was applicable to the union territory of delhi ..... case of south asia industries private limited observed that only the orders made by a rent controller under various provisions of the delhi rent control act authorising him to pass certain orders could be said to fall within the ambit of the words ''made under this act', as used in section 38, and that other orders such as interim orders were nto orders made under the act and were nto appealable. ..... thereforee, yields this result that every order made by the rent controller, except merely procedural orders or orders nto affecting the rights or liabilities of the parties, would be appealable, provided it is made under the provisions of the act or under the provisions of the code of civil procedure made applicable and the nature of each order has to be seen to find out whether or nto it falls within the ..... taken the view that subject to any rules that may be made under the act such provisions of the code as relate to the practice and procedure of a court of small causes stand incorporated in the act and any order made under any such provisions would be an order ''under this act ..... hand, contended on behalf of the landlord that while passing the impugned order shri saini was acting as controller under the act but as a court of small causes and nto only a revision is competent hut it is a lit case where this court should interfere on the revisional side. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H339
..... , while interpreting clause (iii) of section 13(3)(a) o the punjab act, was primarily influenced by the arrangement adopted in the corresponding provision in the delhi and ajmer-marwara rent control act. ..... however, while examining this question the view expressed by the delhi high court in sant ram's case that it was not necessary for a landlord under section 13(3)(a)(iii) of the punjab act to plead and prove that he required the premises in order to carry out any building work and that an order of eviction could be passed even if it was established by the landlord that the building had become unsafe or unfit for human habitation, was accepted as a correct statement of law though the ..... 'the view taken by falshaw, c.j; was again examined by a division bench of this court in chuhar mal's case (1964) 66 pun lr 503 and was accepted as reasonable. ..... kaushalya devi, (1970) 72 pun lr 411 in the first of these cases, the question with which we are now concerned was not directly involved and was not considered at length and only a doubt was expressed about the correctness of the view taken by falshaw, c. j. ..... following the ratio of the above decisions the appellate authority dismissed the appeal of the landlord, and being aggrieved, he filed the present revision petition challenging the correctness of the view taken by the lower courts. ..... in this connection, it must never be forgotten that a statute is to be taken, construed and applied in the form enacted and so declared, announced and expounded. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR29; (2002)4BOMLR41; 2002(4)MhLj568
..... while considering this question, thesupreme court was pleased to hold as under :'(10) let us now consider s.57, of the controlact of 1958 against the background of thescheme of the two control acts, as statedabove, the first sub-section of s.57 repealsthe control act of 1952 in so far as it isapplicable to the union territory of delhi.if the repeal stood by itself, the provisionsof the general clauses act (x of 1897) wouldhave applied with regard to the effect of therepeal and the repeal would not affect theprevious operation of any enactment repealedor anything duly done ..... the facts of that case revealed that section13 of the delhi and ajmer rent act, 1952, which had comeinto force on 9.6.1952 and governed the case, prohibitedthe courts from directing eviction of a tenant in thesuit of a landlord excepting in the cases mentioned ..... 59(2) of the goa rent control act is plain andprovides for protection of benefits of the evictiondecree passed under repealed law. ..... act.learned counsel relying upon para 7 of the plaint, triedto contend that the cause of action for suit being basedon termination of tenancy and consequent failure tovacate suit house by the defendants/ respondents asrequired by notice dated 10.1.80, the suit cannot be saidto be under portuguese rent control act ..... on being summoned, the defendants appearedand filed their written statement and contended thereinthat the suit house was taken on lease for residentialpurpose as well as for commercial purpose to carry onbusiness .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H381
..... by this enactment newly constructed buildings were brought within the purview of the rent control act of 1947 by repealing section 1 (2) of the act so far as it affected the delhi buildings and by introducing section 7-a and schedule iv to the act. ..... the question that is required to be determined by this bench is whether or not section 7-a read with schedule iv of the delhi and ajmer-merwara rent control act, 1947 contravenes and violates article! ..... the central legislature then repealed the ordinance and enacted the delhi and ajmer-merwara rent control (amendment) act 1947 (no. ..... the central legislature then enacted the delhi and ajmer-merwara rent control act, 1947 (19 of 1947) repealing the punjab act as extended to delhi and also repealing the rent control order of 1939 and the 1944 ordinance. ..... on appeal the additional district judge affirmed the trial court's finding that the landlord did not require the premises for his own occupation but remanded the case for fixation of standard rent on the ground that previously the standard rent had been fixed under provisions which had been held to be unconstitutional by the high court in bhagirath mal's case (s) air 1955 punj 5. ..... this provision is to protect the landlord from frivolous applications by tenants and it is not clear why a landlord should object to this provision. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
..... 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 ..... fundamental right, as the right conferred on the tenant under the rent law is a protective or legal right under a statute which can be termed as a mere civil right and not a fundamental right and it is within the domain of the legislature to make such a classification of tenant and periodical revision of rent, economic criterion for applicability of the act, constitution of the tribunals to achieve the object for ..... chapters ii and iii not to apply to certain premises and tenancies - nothing contained in chapters ii and iii of this act shall apply,-(i) to the new premises built or completed after the commencement of this act and let out through a registered deed in which date of completion of such premises is mentioned;(ii) to the premises existing at the commencement of this act, if let out after such commencement for a period of five years or more through a registered deed and ..... and' i agree with the ultimate view taken by him by upholding the constitutional validity of the rajasthan rent control act, 2001 (new act ..... a statute is repealed, the court loses jurisdiction of the suit pending under the repealed act, as if it had never been passed, except for the purpose of those actions which were commenced, prosecuted and conducted whilst it .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR50; (1997)99BOMLR425
..... the said judgments of the apex court have interpreted a similar provision under section 57(2) proviso one of the delhi and ajmer rent control act (38 of 1952) which is parimateria with the provisions of section 59(2) of the goa rent act. ..... laws by sub-section (1), all suits and other proceedings under a repealed law pending at the commencement of this act before any court or authority shall be continued and disposed of in accordance with the provisions of the repealed law as if that law had continued in force and this act had not been passed;provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of a tenant from any building, the court or other authority shall have regard to the provisions of this act;provided further ..... after hearing the arguments proceeded on the footing that the provisions of section 32 were attracted and that the original defendant had violated section 32 of the rent act and as such the original plaintiff was not entitled to protection of the rent act. ..... the cause of action insofar as the plaintiffs were concerned was that the defendant had failed to deposit the rent reserved and further the rent had also not been paid on time. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR313; [2005]141STC119(P& H)
..... in spite of the larger amplitude of the power in section 35 of the delhi and ajmer rent (control) act, 1952, as compared to the revisional power of the high court under section 115 of the code of civil procedure, their lordships have now affirmed (a) that the power of revision is not the same as an appeal, and (b) that a revision is not rehearing of the original proceedings. ..... 51, a division bench of this court held as under: -'the words 'all suits and other proceedings' in sub-section (2) of this section (section 57 of delhi rent control act 1958) are sought to be interpreted in two different ways by the learned counsel for the parties. mr. ..... ' means any person authorised by the state government to make any assessment under this act and to perform such other duties as may be required, by or under this act:xx xx xx xxxx xx xx xx(zc) 'registered' means registered under this act;(zd) 'revising authority' means a person who exercise power of revision under this act;xx xx xx xxxx xx xx xx(zo) 'taxing authority' means an officer not below the rank of assistant excise and taxation officer appointed under sub-section (1) of section 55 to carry out the purposes of this act and includes an assessing authority and a revising authority but does not include an appellate authority;xx xx xx xxxx xx xx xxsection ..... the date of commencement of the vat act and, therefore, no action could be taken under the repealed act. .....
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