Court : Andhra Pradesh
Reported in : 2000(2)ALD249; 2000(2)ALT73
..... in that case which arose under the provisions of the delhi and ajmir rent control act (38 of 1952), a compromise decree in terms of section 15 was passed according to which the tenants were to vacate the premises and the landladies were to redeliver possession of the mulgis after reconstruction to the tenants ..... satyanarayana murthy, (1967) 2 an.wr 479, it is held that in all cases where there is no conflict between the rent control act and the rules made thereunder and the civil procedure code or wherever the act or the rules made thereunder are silent on matters relating to procedure, relevant provisions of the civil procedure code can certainly ..... an.wr 189, it is held that the rent control act is a self-contained act and the power to transfer a case is vested only in the appellate authority by virtue of rule 9 and as such the district judge cannot transfera case from one controller to another under section 24 of cpc. ..... the appellate authority under the rent control act, the said rcc was transferred to the file of the rent controller, nandigama on 12-3-1997 and renumbered as rcc no.2 of ..... the high court, while upholding the view of the rent controller that the application filed on the original side was not maintainable and the proper remedy for the tenant was to file an execution petition for re-delivery under section 15 of the act and applying the equitable doctrine of waiver, held that the landladies had waived their right which had accrued to them by the failure of the tenant to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT333
..... man mal, : air1970sc794 arose under the delhi and ajmer rent control act, 1952. ..... after expiry of the extended period the tenant again resisted the execution of the decree inter alia on the ground that the compromise decree was in contravention of section 13 of the said rent control act and was therefore nullity as such not executable. ..... supreme court considered the question of executability of the compromise decree passed under that act and observed, -'where an eviction suit under the bombay rents, hotel and lodging house rates control act, 1947, was disposed of on compromise between the parties, the tenant having either expressly or impliedly suffered a decree for eviction as being liable to be evicted in accordance with section 12 (3) (b) of the act, and there was abundant intrinsic material in the compromise itself to indicate that the decree passed ..... seshadr, : [1973]3scr691 that case arose under the tamil nadu buildings (lease and rent control) act. ..... upon its basis was not in violation of the act but was in accordance with it, the compromise .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT245
..... in this case again, section 116of the delhi municipal corporation act, 1957 contained a proviso which read:'the standard rent of which has been fixed under the delhi and ajmer rent control act, 1952, the reteable value shall not exceed the annual amount of standard rent so fixed'.bhagwati, j. ..... life insurance corporation (8 supra)'.whether the standard rent was, in fact, fixed or not under the rent control law,'the assessing authority would, in either case, have to arrive at its own figure of the standard rent by applying the principles laid down in the delhi rent control act, 1958, for determination of standard rent and determine the annual value of the building on the basis of such figure of standard rent'.this decision was followed in balbir singh v. m.c.d. ..... 87 (2): the annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to let from month to month or from year to year less a deduction.........provided that in respect of any building and the land appurtenant thereto, the fair rent of which has been fixed under section 4 of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 (andhra pradesh act 15 of 1960), the gross annual rent shall be the amount of the fair .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD66; 2003(1)ALT292
..... smt vindhya devi (1) has held in construing section 14(i)(3) of the delhi rent control act 59 of 1958, material part whereof is substantially in the same terms as section 13(1)(e) of the delhi and ajmer rent control act, that 'where the building let for residence is the entire premises it is not open to the court to further sub-divide the premises and order eviction with respect to a part thereof in our view that judgment of the punjab high court was right on the fundamental ground that in the absence of a specific ..... provision incorporated in the statute the court has no power to break up the unity of the contract of letting and attribute incidents and obligations ..... buildings (lease, rent and eviction) control act and this court has clearly held as follows; 'the revisional jurisdiction of the authority constituted under a particular enactments to be exercised within the framework of the statutory provision and it cannot be equated with the appellate jurisdiction ..... buildings (lease, rent and eviction) control act against the orders passed by the learned senior civil judge, srikalahasti in cma no ..... (lease, rent and eviction) control act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD50; 2005(2)ALT355
..... ground given for distinguishing hem chand's case also by erroneously pointing out the distinction between section 13 (1) of the delhi and ajmer merwara rent control act, 1952 and the bombay act. ..... but under the rent control acts it becomes an unnecessary technicality to insist that the landlord must determine ..... of the petition, i.a.no.500 of 1999 has been presented under section 11(1) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960, (hereinafter referred to as 'the act') to direct the tenant to pay or deposit arrears of rent from 16.4.1998 to 30.9.1999 at rs.900/- and also future rents. ..... matter is sent back to the rent controller to determine the rent in the application summarily as adumbrated under section 11(3) of the act and dispose of the case in accordance ..... division bench of this court had to consider the question with reference to the saurashtra rent control act, 1951. ..... under section 11(3) of the act that the rent controller is bound to make enquiry and determine summarily the rent to be so paid or deposited ..... the landlord has presented i.a.no.136 of 2000 in i.a.no.500 of 1999 in r.c.no.621 of 1998 under section 11(4) of the act before the ii additional rent controller, hyderabad to stop all further proceedings and deliver possession. ..... for the revision petitioner sri koka raghava rao mainly contends that the tenant was depositing the rents before the rent controller in earlier proceedings and there is no need to give a direction to deposit once again. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT600
..... court below rightly observed that even the open space abutting the tenanted premises either by 1952 or a shed in it, in 1958 and again an open site prior to 1964, can also be deemed as part of the demised premises in view of section 2 of the rent control act.18. ..... submitted that the landlord requires the premises for starting a business of his own and if the eviction order is not confirmed, the landlord would be deprived to carry out his own business in his non-residential premises and he further submitted that the tenant is always at liberty to invoke the provisions under section 10(5)(a) of the rent control act, if the landlord fails to carry out his business.26. ..... buildings (lease, rent and eviction) control act and the trial court dismissed the same and on appeal, the judgment of the trial court was reversed and the eviction was ..... made clear that if the landlord does not start his business in the premises in question as pleaded by him, the tenant is always at liberty to invoke the provisions under section 10(5)(a) of the rent control act. ..... the lower appellate court and this court, the tenant disputed that when the schedule premises was let out, there was no zinc shed and it was only a vacant site and subsequently he spent certain amount and built that shed and as such the rent control court has no jurisdiction ..... contention that prior to letting out, there was no zinc shed and it was built by the tenant and as such the rent control court has no jurisdiction, was sought to be taken. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD582; 2004(2)ALT792
..... housing rent control act of 1960 ..... 324 on 12.4.1967 exempting the premises from the operation of the rent control act. ..... buildings (lease, rent and eviction) control act for granting exemption, he had filed objections. ..... buildings (lease, rent and eviction) control act, 1960. ..... 5-9-96 and plaint c schedule property was in his exclusive possession and enjoyment from 1952. ..... the custodian of evacuee property allotted to him only two rooms on a monthly rent of rs.15/- in 1952. ..... he was allotted two rooms in the said house in 1952 by the custodian of evacuee property on a monthly rent of rs.15/-. ..... 5-9-96 on a monthly rent of rs.12.56 ps by the custodian on 21.2.1952. ..... he started a motor driving school in 1952 which he was running even now. ..... the defendant was a displaced person who had migrated from west punjab in pakistan after partition of the country and had settled in hyderabad in 1952. ..... so he had not any licence from 1952 till date. ..... he admitted that the licence was not in respect of any portion of the suit premises, but it was in respect of troop bazar house where he used to live when he obtained licence in 1952. ..... he illegally occupied the open land surrounding b schedule property in 1952. ..... at the time of granting of lease for the first time he came into possession in 1952. ..... the custodian of evacuee properties had given him two rooms of b schedule property on lease in 1952. ..... he was in possession of the said land since 1952. ..... he had no idea that the defendant was running the motor driving school since 1952. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP9
..... consequently held that the term was comprehensive enough 'to include all payments agreed by the tenant to be paid to his landlord for the use and occupation not only of the building and its appurtenances but also of furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord'.that decision does not consequently help the construction of the term 'building' under the madras rent control act, which is differently worded. ..... of the madras buildings (lease and rent control) act, 1946, hereinafter referred to as the act, for eviction of the appellant herein ..... 60 of 1949, and the learned judge held that the provisions of the rent control act did not apply, and consequently dismissed the ..... the provisions of the madras rent control act, the definition of a 'building' includes only furniture and not fittings as in the calcutta act. ..... next question that falls to be decided is whether the provisions of the rent control act apply to the lease in question marked as exhibit b-20. ..... 793 of 1952 and permitting the plaintiff to base his claim for recovery of possession on a fresh cause of action; (2) that on a true construction of the document of lease, the appellant was a tenant of a building within the meaning of the act; (3) that the court below erred in helding that the appellant was estopped by reason of his conduct and the decision in c. m. a. ..... 793 of 1952 for the amendment of the ..... amendment application was ordered on 1-8-1952.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... this principle was applied to the landlord and tenant (rent control) act, 1949 in hutchinson v. ..... sugar's case (supra), garikapati veeraiah's case (supra), accepting the aforesaid proposition, but however, observed that the forum where such appeal can be lodged is indubitably a procedural matter and therefore, the appeal, the right under which repeal act will have to be lodged in a forum provided for by the repealing act that the forum of appeal and also the limitation for it or matters to be pertaining to procedural law and referred to the following passage from salmond's jurisprudence (12th edn. ..... therefore, the supreme court referred to colonial sugar's case (supra), delhi cloth and general mills's case (supra) and garikapati veeraiah's case (supra), observed that vested right of appeal is a substantive right and is governed by the law prevailing at the time of commencement of the suit, and comprises all successive rights of appeal from court to court, which really constitute one proceeding. ..... in other words section 27(1) of the new act gave a power of revision to the custodian general on 20.3.1952 the additional custodian acceded to the appellant's application and confirmed the exchange. ..... it was pending in the high court from 8.2.1952 to 23.4.1952 when it was notified to the parties that the appeal had been transferred to the court of the district judge, allahabad, for hearing. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD486; 2006(3)ALT50
..... that there was no relationship of licensee and licensor between him and the plaintiff and rent control act governs the suit house and there is no relationship of landlord and tenant between him and the plaintiff. ..... were constructed before 1944 and the suit schedule quarter is governed by the a.p, buildings (lease, rent and eviction) control act, 1960, therefore, plaintiff is not entitled to claim rent at the rate of ..... (lease, rent and eviction) control act applies for ..... it, expressly or impliedly to the grantor or his representative;(c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled;(d) where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right;(e) where the licensee becomes ..... the original grantor, plaintiff-company surrendered the property to one of the co-sharers which will enure to the benefit of all the owners once he is in possession of the property in his own independent right and plaintiff-company cannot prosecute the appeal, unless they are all impleaded as legal representatives of the grantor who are necessary parties to the proceedings, having surrendered the tenancy in favour of co-owners, further surrender is ..... the government of india in the year 1947 and formal sale deed was actually executed in their favour on 15-12-1952. .....
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