Court : Supreme Court of India
Reported in : AIR1962SC646; [1962]2SCR947
..... on which the application of the appellant was dismissed disappears and the application must now be dealt with in accordance with law. our attention has, however, been drawn to the delhi and ajmer rent control act, 1952 (act no. xxxviii of 1952), which by s. 46 repealed the control act, 1947. that section, however, contains a saving clause which is as ..... ground is not correct and the application of the tenant-appellant for fixation of standard rent must now be determined in accordance with law. it would be for the competent authorities to consider now the effect of s. 46 of the delhi and ajmer rent control act, 1952 or of any other law, bearing on the question which may ..... not exceeding 7-1/2 per cent of the cost of improvement. 27. these are, however, no grounds for holding the impugned provisions to be unconstitutional. the delhi and ajmer-marwara rent control act, 1947, came into force on 24-3-1947 originally for two years only and s. 7-a with schedule iv were introduced in september 1947. .....
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 the said act of 1947 was repealed by section 46 of the delhi and ajmer rent control act, 1952, which in its turn was repealed by section 57 of the delhi control act, 1958. it has further to be noted that the delhi rent control act of 1958 makes reference to the new delhi rent control order of 1939 only for the purpose of computation and determination of ..... supreme court. (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the new delhi rent control order, 1939, under which fair rent was fixed for the petitioner's house or building, was repealed by the delhi, ajmer and merwar rent control act, 1947.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 is common ground that no standard rent was fixed by the controller under the provisions of the delhi rent control act, 1958, after it came into force. it has .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT491; 1973RLR509
..... landlord had ceased to exist and, thereforee, the decree was inexecutable. (2) in a suit for eviction filed by the respondent (hereafter called 'the landlord') under the delhi and ajmer rent control act. 1952 (hereafter called 'the 1952 act') for eviction of the appellant (hereafter called 'the tenant') on the ground that the premises were required by him ..... the provision being to secure the further protections that were granted by the act to persons entitled to them. 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. the 1947 act, proceeding ..... by the controller as a decree of a civil court and for this purpose, the controller shall have the power of a civil court. rule 23 of the delhi rent control rules, 1959 (framed under 1958 act) also provides that in deciding any question relating to the procedure not specially provided by the act and these rules .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi820
..... of tenants under clauses (g) and (j) of the proviso to sub-section (1) of section 13 of the delhi and ajmer rent control act. it was also submitted that though under the delhi rent control act, 1958, by which the delhi and ajmer rent control act was repealed, nuisance is no longer a ground turn eviction but in view of the provisions of section 54 ..... held to be rs. 150.00 the defendants will have to be regarded to have complied with the requirements of sub-section (2) of section 13 of the delhi and ajmer rent control act. (56) a contention was, however, raised by shri sawhney that the decree for eviction can be maintained as the conduct of the tenants in taking ..... was placed, 1956 the new act did not apply 1969 s.c 1165 (57) the section 57(1) of delhi rent control act, 1958 provided that the delhi and ajmer rent control act in so far as it was applicable to the unionterritory of delhi was being repealed. while repealing it, by sub-section (2) of the same section, a special saving was made .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2304; 2003(3)KarLJ505
..... to the issue. in that case the supreme court considered section 57 relating to repeal in delhi rent control act, 1958. the said section reads as follows:'57(1) the delhi and ajmer rent control act, 1952, insofar as it is applicable to the union territory of delhi, is hereby repealed.(2) notwithstanding such repeal, all suits and other proceedings under the said ..... to which the new act does not apply shall stand abated. therefore, the observations made by the supreme court with reference to section 57(2) of the delhi act cannot apply to interpret section 70(2) and (3) of the karnataka rent act, 1999.30.3 further, there was a clear conflict between the section 57(2) of the ..... delhi act and the proviso thereto. while section 57(2) of the delhi act required that the pending matters should be decided in accordance with the provisions of the old .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj24; 1988(2)WLN197
..... of shri mehta that the said order is nullity and should, therefore, be ignored. 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 a nullity. the executing court had the ..... of the munsiff.12. shri mehta 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 ..... sub-tenant of the plaintiff in the suit premises had become the direct tenant of the same under shri n. n. 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, rule 97, c.p.c. was not challenged, either .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1305; [1964]4SCR647
..... from the room. it is out of this suit that the present appeal arises and the question is--is the appellant liable to be evicted? 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 ..... now proceed to read s. 57 of the control act of 1958. that section is in these terms: "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. (2)notwithstanding such repeal, all suits and other proceedings under the said act pending, at the commencement of this ..... that of our learned brother sarkar, j. as respects the true scope and effect of s. 57 of the delhi rent control act, 1958, hereinafter referred to as the control act of 1958. 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H339
..... the manner suggested by falshaw, c. j; in panna lal's case (1963) 65 pun lr 528 nor of course in the manner, adopted in the delhi and ajmer-merwara rent control act, 1947, and it is therefore not permissible to foist that particular arrangement on the arrangement considered proper by the legislature itself, the submission in the ..... 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. 1947(hereinafter called the delhi act) which is as follows:--'9(1) notwithstanding anything contained in any contract, no court shall pass any decree in favour of a landlord, ..... court in sant ram v. mekhu lal and co., air 1968 delhi 299(fb), it was ruled that it was not necessary for the landlord while establishing the ground mentioned in section 13(3)(a)(iii) of the east punjab rent restriction act to plead and prove that the premises were required for carrying out any building .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi210
..... he does nto become a judge of a court of small causes. (6) it may be noted that under the delhi and ajmer rent control act, 1952 (no. xxxviii of 1952), which previously applied to the union territory of delhi, there was no right of second appeal to the high court but section 35 specifically conferred revisional powers on the high court ..... . 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. under section 39 of the act, a second appeal lies to the high court from an order made by the tribunal ..... a remedy. (10) gosain j. had. of course, in the 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H381
..... of the constitution on this ground also 24. the result is that in my opinion the provisions contained in section 7-a read with schedule iv of the delhi and ajmer-merwara rent control act, 1947 do not violate article 14 of the constitution of india and these provisions are valid and constitutional. 25. the case now must be sent ..... not exceeding 7 1/2 per cent of the cost of improve-' ment. these are, however, no grounds for holding the impugned provisions to be unconstitutional. the delhi and ajmer merwara rent control act, 1947 came into force on 24-3-1947 originally for two years only and section 7-a with schedule iv were introduced in september 1947. therefore the ..... to be done is to examine the impugned provisions in the light of the above principles. for this purpose it is necessary to discuss the provisions of the delhi and ajmer merwara rent control act of 1947 and the legislative history of these provisions so far as it is material for the present purpose. 7. the second world war was .....
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