Court : Rajasthan
Reported in : AIR1989Raj24; 1988(2)WLN197
..... 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tenant, under section 20 of the delhi and ajmer rent control act, 1952, since the provisions of the said act had been repealed prior to the passing of the decree dated 20th august, 1965 and that the said provisions could not be invoked on the date of the passing of the decree.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court has wrongly applied the provisions of section 20 of the delhi and ajmer rent control act, 1952 which stood repealed and were not applicable, does not mean that the order passed by the executing court was a nullity. ..... tandon on the basis of section 20 of the delhi and ajmer rent control act, 1952 because the said act had been repealed with effect from 27th november, 1957 and was not in force on 20th august, 1965, the date of the passing of the decree in the suit for eviction filed by shri n.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. ..... 'the aforesaid observations of the supreme court indicate that the jural relationship of the lessor and lessee comes to an end with the passing of an order or decree for eviction on the ground mentioned in the state rent control law and the said relationship continues till then. ..... tandon in 1968. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi201
..... urban rent restriction act, 1949 (which is almost in similar terms of section 13(2) of the delhi and ajmer rent control act, 1952), were not complied ..... is a petition under section 29 of the delhi and ajmer rent control act, 1952 (hereinafter called the `act') and art. ..... in that case, which was under the west bengal premises rent control act, it was observed that section 12(2) of the act enjoined the tenant to pay through court within a period of one month and that this required that the money must be paid or lodged in court in sufficient time so as to reach the hands of the landlord within a month and that the obligation of a tenant does not end by simply depositing the money in court but he must see that the ..... is well settled that the money deposited in a court by a tenant under the provisions of rent control act is custodia legis and is not even liable to attachment in execution of a decree and can only be dealt with by the court vide roop chand v. ..... it was in that situation that the division bench held that this was a conditional tender and did not comply with the requirement of the rent act.in the present case, however, in the written statement, which is dated 21st march, 1959, it is only mentioned that the answering defendant has deposited ..... this application it was stated that these applicants have become the owners of the entire property by means of a deed of conveyance dated the 18th of january, 1968 and it was prayed that they may be substituted for the original petitioners. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant31; ILR1974KAR95; 1974(1)KarLJ265
..... case : [1967]3scr59 , the provision which came up for construction (consideration) before the supreme court was section 34 of the delhi and ajmer rent control act 38 of 1952. ..... of the opinion that the expression 'order in section 38(1) of the delhi rent control act did not include interlocutory orders which were merely procedural and did not affect the rights and liabilities of the parties. ..... concerned with the interpretation of section 38(1) of the delhi rent control act which provided for an appeal from every order of the controller made under the act. ..... it held that an order passed on an application for appointment of a commissioner was not appealable under section 38 of the delhi rent control act. ..... the above case for coming to the conclusion that an order under section 24 of the act was not appealable is that section 28 of the act does not itself provide for a right of appeal and that it only indicated the forum to which an appeal would lie provided in the code of civil procedure which is made applicable under section 21 of the act to the proceedings thereunder, such a right of appeal is available against any order or decree ..... referred to above construed the words 'may be appealed from under any law for the time being in force' appearing in section 28 and stated that an appeal would lie from any order or decree passed under the act, provided under any other law' there was a right of appeal conferred on the litigant against such orders. ..... eramma, air 1968 mys 8 = (1967) 2 mys lj ..... 1968 .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT559
..... the life insurance corporation of india has presented this revision under section 35 of the dei and ajmer rent control act 38 of 1952 hereafter called the act) against the order of the additional senior subordinate judge with enhanced appellate powers dated 5th april, 1.961 whereby he allowed the appeal from the order of a learned subordinate judge 1st class dated 2ath september , 1859 and dismissed the life insurance corporation's suit for ejectment which has been deereed ..... hand the landlords try to evict the tenants on the slightest pretext so that they may either force the tenants to agree to pay enhanced rent or they may be able' to lease it out to a new tenant and thereby make more money, whether visible or concealed, and on the toher, the tenants try to make money by subletting a part or whole of the premises by adopt' ing various devices and subterfuges in order to avoid the consequences of the violation of the provisions ..... had parted with possession of a part of the premises in question and indeed he has gone a step further and submitted that the relation ship between p.surie and m s.hari singh and sons was that: of a landlord and tenant, with the result that p. ..... parties arc directed to appear in the court of the learned addi'tional senior subordinate judge on 15th july, 1968 when a short date would be given for further proceedings in aecordance with law and in the light of the observations made above. ..... due to acute shortage of accommodation in delhi, which is fast developing. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3549; JT1999(7)SC364; 1999(6)SCALE122; (1999)7SCC589; [1999]Supp3SCR20
..... the appellant sued the respondent for ejectment, inter alia, under section 13(1)(e) of the delhi and ajmer rent control act, 1952 (for short 'the delhi act') for his personal requirement of residence. ..... 71 of 1981, on the file of the principal district munsif-cum-rent controller, rajahmundry, under section 10(3)(a)(i)(b) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 (which is referred to in this judgment as 'the a.p.act') against the respondents (the first respondent is the partnership firm and respondents 2 to 5 are its partners) seeking their eviction from the demised building on the ground of bona fide requirement for the personal residence of their family. ..... he sought eviction of the tenant under section 14a(1) of the delhi rent control act, 1958 (59 of 1958). ..... a landlord may apply to the rent controller for an order directing the tenant to put the landlord in possession of a residential building on any of the two grounds, namely, (a) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation; and (b) if the landlord who has more buildings than one in the city, town or village concerned is in occupation of one such building and he bona fide requires another building ..... gian chand : [1968]1scr536 , the predecessor in title of the respondent let out the suit premises to the appellant-tenant for her residence and for running a school. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H60
..... referred to as the code), or the powers of revision that are available to a high court under section 35 of the delhi and ajmer rent (control) act, 1952, (hereinafter referred to as the delhi rent act). 9. ..... of the persons who appeared before the divisional canal officer at the hearing, after the publication of the scheme, supported the case of the abovementioned three persons, who are now respondents before us and who were amongst the petitioners before the learned single judge (hereinafter referred to as the petitioners) while a large number of other persons 'stated jointly that this 19-acres area may not be transferred ..... following grounds :-- (1) that the superintending canal officer has no jurisdiction to alter the scheme sanctioned by the divisional canal officer, unless he comes the conclusion that the petitioner in the revision has a genuine grievance and that the superintending canal officer could not substitute his own opinion for that of the divisional canal officer, whether the transfer was in the interest of irrigation or not. ..... the said case was under the delhi rent act and the observations which have been relied upon by the learned ..... widow of karam chand, moved the divisional canal officer under section 30a of the northern india canal and drainage act, 1873 (hereinafter referred to as the act), for preparation of a scheme and sanction thereof for transferring their 19 acres of land which was receiving irrigation from outlet r. d. ..... 993 of 1968, (reported in air 1969 punj .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT491; 1973RLR509
..... (2) in a suit for eviction filed by the respondent (hereafter called 'the landlord') under the delhi and ajmer rent control act. ..... 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. ..... 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, the controller and the rent control tribunal shall, as far as possible, be guided by the provisions contained in the code of civil procedure 1908. ..... (12) the same position obtains under the delhi rent control act, 1958. ..... (15) in this view of the matter, we find that the facts sought to be incorporated in the objection by amendment were not relevant at all to the real controversy between the parties at the stage of execution and, thereforee, the petitioner's application under order 6 rule 17 was rightly dismissed by the learned additional rent controller. ..... an order for eviction passed by the rent controller or the tribunal, thereforee, will be subject to the provisions of section 47 of the code of civil procedure, 1908 which precluded the executing court from going behind the order to entertain objections in regard to the merits of the controversy ..... sohan singh and others (1968) d.l.t. ..... sohan singh and others (1968) d.l.t. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi181; 1972RLR154
..... under the delhi and ajmer rent control act, 1952 the court was required to hold a summary inquiry and follow the practice and procedure of a court of small causes (see section 37 of that act). ..... the draftsman presumably had the earlier delhi and ajmer rent control act of 1952 before him, which he intended to supplant. ..... in that case the very argument raised before us was urged in respect of sections 90(2) and 92 of the representation of people act, 1951, which were similar to sections 37(2) and 36(2) respectively of the delhi rent control act 1968. ..... in this application it was said that the respondent had been arrested under the defense of india rules and security regulations on 4th december 1965, and had ever since remained in detention in the central jail, srinagar; and that he got to know of the proceedings and the ex parte order for eviction for the first time on 17th january 1968, when he received a communication from his people whilst he was still in jail. ..... the original power of attorney dated 17th january 1968, executed by the respondent in favor of manmohan nath is marked exhibit jd-/2. ..... this application was dismissed on 5th january 1968 on the ground that it was not shown how the wife or the manager of the respondent was entitled to maintain it. ..... 6 and 54 of 1968 entitled kedar nath & another v. ..... another application to the like effect was moved by manmohan nath on 16th february 1968 as attorney for the respondent. ..... harish kumar & another 1968 d.l.t. 74. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad147; (1978)1MLJ79
..... for two reasons -- one, that the decree was passed in a proceeding to which the landlord was not a party, and two, that the court had passed the decree without satisfying itself that a ground for eviction existed, the supreme court held that on the plain wording of section 19(1) of the delhi and ajmer rent control act 1952, the court was forbidden to pass a decree otherwise. ..... they raised the objection that it contravened section 13(1) of the delhi and ajmer rent control act 1952. ..... revision, then, has been argued accepting the position that the rent controller acted aright and within the law when he set the tenant ex parte and proceeded to dispose of the eviction petition in his absence. ..... section 10(3)(a) of the tamil nadu buildings (lease and rent control) act 1960, makes provision for eviction of tenants in cases where the landlord requires the building for his own ..... when a landlord files a petition to evict the tenant of a non-residential building, naturally the rent controller will first examine whether the petition satisfies the two initial requirements, one, that the landlord is badly in need of the buildings for carrying on his business, and two, that he has no other building which he can call his own elsewhere in the same ..... thus arose often before the high courts in the country under one or other of the rent control statutes, and learned judges were asked to examine the validity or propriety of individual eviction orders. ..... governor of brikton prison; ex parte armah 1968 a. c. .....
Tag this Judgment!Court : Delhi
Reported in : 1982(3)DRJ122
..... 904 it has been held that a charitable trust is not necessarily a 'public institution' within the meaning of 17 of the delhi and ajmer rent control act, 1952 and anybody which claims to be so must be clearly akin to the instance mentioned in the explanationn to that section. ..... 731 it was observed that before a landlord can take advantage of section 17(d) of the delhi and ajmer rent control act it must be an existing public institution and not an institution which wants to become a public instithtion. ..... decided on 2nd december, 1955 by the division bench of the circuit bench of the punjab high court at delhi it was held that if there was no public institution and there was no bona fide requirement of such an institution for the furtherance of its activities, section 17(d) of the delhi and ajmer rent control act, 1952 would not be applicable. ..... (1) this second appeal under section 39 of the delhi rent control act, 1958 (hereinafter referred to as 'the act') is directed against the judgment and order of the rent control tribunal dated 16th may, 1980 confirming the order of the additional controller dated 5/4/1980 dismissing the objections of the appellant-tenant who claims that the eviction order dated 24/3/1973 based on a compromise between the parties is a nullity and as such not executable. ..... aggarwal acting as additional rent controller on 24/3/1973 and he decided his objections in execution on appeal as rent control tribunal. ..... the property was purchased by the respondent on 23/1/1968. .....
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