Court : Gujarat
Reported in : (1977)18GLR848
..... . shah had in this context vehemently relied upon the decision in gopal dass v. s.k. bhardwaj : [1962]2scr678 . that decision was in the context of delhi and ajmer rent control act, 1952. in that case the ground under section 13(1)(e) for bona fide requirement was differently worded by enacting that a decree for ejectment would be ..... by showing that the tenant had acquired a suitable residence. therefore, section 13(1)(h) was given this interpretation in the context of particular scheme of the delhi legislation where section 13(1)(e) contained the aforesaid explanation which took out the premises form the purview of section 13(1)(e) when the incidental professional use ..... , however, rightly relied upon the decision in prem chand v. district judge, dehradun : [1977]2scr170 in the context of u.p. urban buildings (regulation of letting, rent and eviction) act, 1972. at page 366 their lordships in terms held that where the tenant had only two small rooms in which he resides with his wife, sons and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal199,(1977)1CompLJ175(Cal),82CWN252
..... authorities concernedi to remove those unauthorised structures. since the tenant did not do so, the suit was filed by the landlord under section 13(1)(k) of the delhi and ajmer rent control act, 1952.12. in the other appeal, being appeal no. 121 of 1963, also the facts were similar and the suit was filed on the basis ..... 1574. two appeals were heard analogously by the supreme court wherein a common question with respect to the application of the first proviso to section 57(2) of the delhi rent control act, 1958, came up for consideration and the said provision is in the following terms;section 57(2): notwithstanding such repeal, all suits and other proceedings under ..... , apart from denying the material allegations, contended that he was a tenant in the premises in question from the predecessor-in-interest of the plaintiff respondent at a rent of rs. 24/- per month, payable according to english calendar month and at first his tenancy consisted of 2 rooms and a privy which was used by him .....
Tag this Judgment!Court : Delhi
Reported in : 1973RLR627
..... that the second suit was barred on the principle of rest judicata because this ground of section 13(1)(k) of the delhi and ajmer rent control act, 1952, was not included when the previous suit was filed. in answer to that it is contended on behalf of ..... 1964 p.l.r. 1005. in that case the landlord had filed a suit under section 13(l)(k) of the delhi and ajmer rent control act of 1952 on the ground that the tenant had after the commencement of the act used the premises in a manner ..... conditions imposed by the landlord. previous to that a suit had been filed under section 9(1)(b)(1) of the delhi and ajmer (mewar) rent control act 1947, on the ground that the premises were leased to the tenant for residential purpose and that he had ..... landlady on april 17, 1965 filed an application under clause (g) of proviso to sub-section (1) of section 14 of the delhi rent control act, 1958 (hereinafter called the act) on the ground that the premises in dispute were required bonafide by the landlady for the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi297
..... -holder. this amount is being tendered on account' on the deposits the suit for eviction of the landlord against the tenant stood dismissed under section 13(2) of the delhi and ajmer rent control act, 1952.4. the present petition for eviction wad filed by the landlord against the tenant on 8-6-1966 again on the ground of non-payment of arrears ..... respondent tenant from 1-7-1944., in the suit for eviction of the tenant on the ground of non-payment of arrears of rent filed by the landlord under the provisions of the delhi and ajmer rent control act. 1952 the standard rent to the premises was fixed by shri j. l. tandon, subordinate judge at rs. 717-75 including house-tax. the appeal against ..... once. it is to be noted that the previous suit was dismissed by shri tandon and the dismissal was confirmed by the high court under section 13(2) of the delhi and ajmer rent control act, 1952. the provisions of section 13(2) were not in pari materia to the provisions of section 14(2) of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi768
..... this right of landlord have been placed by the rent control legislation in delhi first by the delhi & ajmer rent control act, 1952, which was later succeeded by the delhi rent control act, 1958. when, thereforee, the slum areas (improvement & clearance) act, 1956 was enacted. section 13 of the delhi & ajmer rent control act, 1952 had already restricted the right ..... well that in addition to the protection given to the tenant against eviction by landlord under section 106 of the transfer of property act, the delhi and ajmer rent control act, 1952 had imposed further restrictions on the right of the landlord to evict the tenant, the legislature enacted this act in 1956. section ..... eviction. in our view, it is entirely unnecessary for the landlords to plead any of these grounds in as much as they are relevant under the delhi rent control act, 1958 but are completely irrelevant under the slum areas (improvement and clearance) act, 1956. the competent authority is precluded from considering those .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi530
..... , the petitioner is sought to be evicted pursuant to a decree he would have the locus standi to assail its validity. what is more, section 21 of the delhi and ajmer rent control act; 1952, under the provisions of which the decree was passed, provides that any decree passed under the act will bind all persons who may be in occupation ..... foundation for the decree and that in such a case all that the executing court has to see is whether there was some material on the basis of which the rent court 'could have as distinguished from must have been satisfied as to the statutory ground for 'eviction'.(6) if the aforesaid principles are applied to the material on ..... of his tenant, one kabul singh, in respect of the premises in dispute as early as the year 1955. ejectment had been sought on the ground of non-payment of rent, nuisance and unauthorised sub-letting. considerable evidence was led on behalf of the parties. evidence was closed on november 29, 1954. on january 6, 1955, the court inspected .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1969(2)LC280(SC)
..... high court was not sitting as a court of appeal but as a court of revision. the scope of the powers of the high court under sec 35 of the delhi & ajmer rent control act, 1952, was considered by this court in hari shankar v. rao girdhari lal chowdhury (1) where hidayatullah, j., as he then was speaking for the majority, observed:-- 'the ..... 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H639
..... months. the tenant having failed to vacate the premises, the landlord-decree-holder took out execution of the decree. during the pendency of the execution proceedings, the delhi and ajmer merwara rent control act, xix of 1947 (hereinafter to be referred as the act) came into force.the judgment-debtor raised certain objections to the execution, particularly on ..... appeal under clause 10 of the letters patent is whether a second appeal against an order made in execution proceedings of a decree for ejectment passed under the delhi and ajmer-merwara rent control act, xix of 1947, is competent.(2) the facts relevant for the purposes of this appeal are these: the appellant-landlord had filed a ..... power to determine in what circumstances the parties shall have a right to appeal or apply for review or revision in cases under the act. rule 4 of the delhi rent control (procedure) rules, 1947, framed in exercise of the power conferred by s. 14 of the act, specifies the cases where a party to an original .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR2437; 2000(4)KarLJ319
..... court would not have arrived at in hari shankar v rao girdhari lal chowdhury, the supreme court while considering the expression 'according to law' found in section 35 of the delhi and ajmer rent (control) act, observed that it should not be equated to errors of law or of fact simpliciter; it refers to the overall decision, which must be according to law .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1213
..... 7 of delhi and ajmer merwara rent control act. in that case previously there was one shop which caught fire, then the walls above a height of 4-1/2 feet were demolished. the one shop ..... the existing walls would not lake out the tenanted accommodation from the operation of the act of 1972, reliance was placed by sri qadeer on the decision in air 1953 ajmer 54 (1) (vol. 40 cn 59) in the case of durgah khwaja sahib v. ram gopal mehra. that was a case pertaining to the interpretation of the provisions of section .....
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