Court : Punjab and Haryana
Reported in : AIR1963P& H163
..... kharaiti ram, 58 pun lr 86 for the proposition that the fixation of the standard rent in respect of premises first let after the 2nd june, 1944, under the delhi and ajmer-marwara rent control act, 1947, is no bar to the reopening of the matter for fixation of reasonable standard rentunder section 8 of the delhi and ajmer rent control act, 1952. ..... 18 of 1958, the ordinance which corresponded to the east punjab urban rent restriction act, 1949, was repealed, but according to the further proviso to this section, anything done or any action taken under any law so repealed shall be deemed to have been done or taken nnder the corresponding provision of the enactment extended by section 4, that is, the east punjab urban rent restriction act, 1949, in this case, to the transferred territories, and shall be continued to be in force accordingly unless and until superseded by anything done or any action taken under the enactment so extended. ..... one of the pleas taken up by the landlords was that this application was barred by the principle of res judicata and was not maintainable in view of the previous order of the rent controller dated the 15th march, 1954. ..... the underlying object of this proviso seems to be that the decisions already given in the transferred territories under the acts which were repealed by virtue of section 6 of punjab act no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H11
..... (11) this anomaly would be all the more conspicuous under the delhi rent control act, 1958, which came into force on 9-2-1959, and repealed the act, xxxviii of 1952. ..... (7) section 33 of the act deals with the jurisdiction of the courts an reads:'(1) any civil court in the state of delhi or ajmer which has jurisdiction to hear and decide a suit for recovery of possession of any premises shall have jurisdiction to hear and decide any case under this act relating to such premises if it has pecuniary jurisdiction and is otherwise competent to hear and decide such a case under any law for the time being in force. ..... (4) for the purposes of this chapter, a case under this act, includes any suit, application or proceeding under this act and also includes any claim or question arising out of this act or any of its provision but does not include any proceeding which a controller is empowered to decide under chapter iv. ..... , if the same is returned by the court of small causes.on the other hand, if the court of small causes proceeds with the suit ignoring the plea taken by the defendant, which it is not competent to try, and passed a decree in favour of the plaintiff and that decree happens to be in excess of the amount fixed as standard rent by the competent court or authority, to whom the defendant may be referred to approach, the tenant may apply for refund of the excess to the court .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi232
..... according to sub-section (4) of section 8 of the delhi and ajmer rent control act, 1952, the standard rend of a premises was not to exceed 7 1/2 % of the reasonable cost and construction including the market value of the land comprised in the ..... lays down that ny property which immediately before the repeal of delhi premises (requisition and eviction) act 1947 was subject to requisition under the provisions of that act shall, on the commencement of the requisitioning and acquisition of immovable property act, 1952, be deemed to be property requisitioned under the latter act and all the provisions of the act shall apply accordingly. ..... kohli had tamen measurements on the spot while shri badlu ram had not taken measurements but had given the area as was recorded in the revenue records ..... stated broadly the act of taking possession of immovable property generally implies an agreement to pay interest on the value of the property and it is on this principle that a claim for interest be made against the ..... dispute, in this appeal against an award of an arbitrator, relates to the requisitioning of a three storeye building, known as sat narain building, with out-houses and extensive lawns, situated on dina nath road, subzi mandi, delhi.2. ..... section 24(2) of the requisitioning and acquisition of immovable property act 1952 makes the position clear in this ..... during this period they have been deprived of the income of the property and they have not been able to receive interest from the amount of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi265; 9(1973)DLT267
..... (2) the landlord respondent vijay kumar field a suit against his tenant kidar nath malhotra for arrears of rent and eviction on february 18, 1955 under the delhi and ajmer rent control act, 1952 (hereafter called the 1952 act). ..... no objection is taken to the maintainability of this appeal on the ground that section 34(2) of the 1952 act expressly stated that no second appeal shall lie against the order passed under the said act. ..... this does not mean that a subsequent suit on the same cause or action could not be filed as would happen after the abatement of a suit under the civil procedure code. ..... the landlord alleged that he had already terminated the contractual tenancy of kidar nath who had, thereforee, become only a statutory tenant and as such, the legal representatives of the tenant did not inherit either the tenancy or the statutory protection which was personal to the deceased tenant. ..... 1: though the eviction was claimed by the landlord under the 1952 act, most of the cases are, since the repeal of the said act. ..... survival of the right to sue either under order xxii rule 1 in favor of the landlord or under order xxii rule 4 against the legal representatives of the deceased tenant is different from the right to pursue an action in a particular form or forum. ..... abatement is different from a dismissal on merits or for lack of jurisdiction either at the commencement of the action or during its trial. .....
Tag this Judgment!Court : Delhi
Reported in : 31(1987)DLT369
..... exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words 'ten per cent', the words 'fifteen per cent' had been substituted; (2) where the premises have been let out at any .time on or after 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 or the delhi and ajmer rent control act, 1952- (i) if such rent per annum does not exceed twelve hundred ..... , 1944,- (a) in any case where the rem of such premises has been fixed under the delhi and ajmer-merwara rent control act, 1947, or the delhi and ajmer rent control act, 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 ten per cent of such rent; (b) in any other case, the rent calculated on the basis of seven and one-half per cent per annum of the aggregate amount of the reasonable ..... this full effect can be given if after the first letting the standard rent is taken to be that which is determined under sub-section (2) of section 6 and not what is determined under section 6(1)(b) of the rent act. ..... (37) this interpretation would also be in consonance with the object of the rent act which is to protect the tenant. ..... the standard rent for the same will have to be determined by applying the provisions of action 6 of the rent act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi555
..... on or about june 12, 1958, the petitioner filed five suits for eviction of the respondents from the respective premises occupied by them in the said house on various grounds under the delhi and ajmer rent control act, 1952. ..... under section 19 of this act, a decree for the eviction of a tenant from any building in a slum area was not executable except with the previous permission in writing of the competent authority constituted under this act. ..... (6) whereas before the amendment permission under section 19(1) was contemplated after the obtaining of the decree for eviction from any building in a slum area, after the amendment such permission was made a pre-requisite for the institution of a suit for eviction from any building or land in aslum area and such psrm'ssion had to bs taken after the amendment in respect of any suit or proceeding instituted before the commencement of the amending act for the eviction of a tenant ..... clause (a) of sub-section (1) of section 19 provided the obtaining of such permission as a condition precedent to the institution of a suit for eviction and this clause applied to suits or proceedings taken after the coming into force of the amending act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2857; 2005(5)ALLMR(SC)784; 2005(2)AWC1697(SC); 2005(3)BLJR1976; 2006(2)BomCR855; (SCSuppl)2005(4)CHN58; 2005(2)CTC809; [2005(3)JCR153(SC)]; JT2005(5)SC79; (2006)2M
..... the position of the appellants as tenants continue and they are bound to comply with the requirements of the rent control act under which the order for deposit has been passed against them. ..... in this appeal, the only ground taken was that the tenants having taken an assignment of the rights of certain co-owners, being the heirs of quasim, the original landlord, the lease or the tenancy over the building must be taken to have been extinguished and since there was no subsisting relationship of landlord-tenant between the parties, there could be no direction to deposit the rent in terms of the act. ..... (supra) and the view taken therein was consistent with section 111(d) of the transfer of property act and the settled position in that regard. ..... a building, as defined in the bihar buildings (lease, rent and eviction) control act, (hereinafter referred to as 'the act'), was taken on rent from one quasim, the predecessor of the respondents, by ram babu jaiswal, the predecessor of the appellants, some time in the year 1958. ..... (supra) this court considered the question in detail in the context of sections 105 and 111 of the transfer of property act and came to the conclusion that there is no determination of the lease in terms of section 111(d) of the transfer of property act where a tenant acquires only partial ownership interest. ..... (supra) where a contrary view was taken, the effect of section 44 of the transfer of property act had not been considered. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC120; (1963)GLR37(SC); [1963]3SCR312
..... 13(i) of the delhi and ajmer merwara rent control act xxxviii of 1952. ..... 11 of the bihar buildings (lease, rent and eviction) control act, 1947, (iii of 1947) came for interpretation by this court and, in that connection it was said : 'section 11 beings with the words 'notwithstanding anything contained in any agreement or law to the contrary', and hence any attempt to import the provisions relating to the law of transfer of property for the interpretation of the section would seem to be out of place. ..... it is this extra protection given by this section which will be useful to the tenant after his tenancy has determined. ..... during the contractual tenancy the tenant, being in possession under the protection of his contract, has no need of the protection of the act to enable him to retain possession, but during that tenancy the act protects him in regard to rent by providing that, notwithstanding any other agreements which he may make with his landlord to rent, he is not to be charged a higher rent than the law allows, and if he is charged a higher rent than that he can have it reduced. ..... the landlord became entitled to recover possession when the tenant failed to pay rent and this right in him is not taken away by any other provision in the act. ..... the cause of action for going to court to recover possession arises on the refusal of the person in possession, with no right to possess, to deliver possession. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi651
..... of sub-section (1) of section 13 of the delhi and ajmer rent control act, 1952 (act no. ..... which has been referred to the division bench, is whether a tenant is liable to be ejected from any premises under clause (h) of the proviso to sub-section (1) of section 14 of the delhi rent control act, 1958 (59 of 1958) (hereinafter referred to as the act) if he has built, acquired vacant possession of or been allotted a residence before the commencement of the tenancy ..... with that object to hold that what the legislature intended was to withdraw the veil of protection from a tenant who has acquired another residence after taking the lease of the premises in ..... of possession of any premises shall be made by any court or controller in favor of the landlord against a tenant: provided that the controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only namely x x x x x x x x xxx (h)that the tenant has, whether before or after the commencement of this act, built, acquired vacant possession of, or been allotted, a residence:' ..... of course, if a tenant owns a house constructed by him before the disputed premises are taken on lease and the same falls vacant after the date of the lease, it may or rather must be said that the tenant has acquired vacant possession of ..... shows that it is the events happening during the tenancy which can provide a cause of action for the eviction of the tenant. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H119
..... 13(1)(e) of the delhi and ajmer rent control act, 1952-along with its explanation-the explanation having provided that for the purpose of the said clause. ..... 14a of the delhi rent control act, 1958, hereinafter referred to as the delhi rent act. ..... the said contention was repelled and it was observed that if such a contention was allowed to prevail, then provisions of section 14a of the delhi rent act would be put to a naught and frustrated by the government employee landlord by renting out their residential premises for non-residential purpose.14. ..... their lordships after referring to this courts observation repelled the contention and sustained the judgment under challenge with the following observations:'the high court after examining the provisions of the capital of punjab (development and regulation) act 1951 read with s. ..... 7(2) of the said act would be valid between the parties and would create the relations ship of landlord and tenant between them although it might not bind the authorities concerned and so their lordships held the respondent to be tenants for the purpose of the protection of s. ..... 149-r, model town, panipat was taken on rent by labh singh, tenant-respondent, from landlord-petitioner sant parkash singh for commercial purposes. ..... their lordships repelled the aforesaid contention with the following observations--'if it is a case where the tenant has contrary to the terms of his tenancy used the building for a commercial purpose the landlord could take action under cl (c). .....
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