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Sanwal Ram Agarwal Vs. Smt. Gianwati

Court : Delhi

Reported in : 1999IAD(Delhi)581; 77(1999)DLT242; 1999(48)DRJ108

..... niranjan deva tayal (landlord) moved the controller having jurisdiction by a petition under section 14(1) proviso (e) [for short `section 14(1)(e)'} read with section 25-b of the delhi rent control act, 1958 ( `act' for short), for an order for recovery of possession of the premises being, front portion of premises bearing no.b-44, greater kailash part i, new delhi, on the ground that the premises were let out for residential purpose and are now required bona fide by the landlord for ..... is a definite public purpose behind the enactment of chapter iii-a introduced by the delhi rent control (amendment) act, 1976. ..... petition, civil revision 18/97 challenges the order dated november 8, 1996 dismissing an application of the petitioner for staying the proceedings under section 14(1)(d) of the delhi rent control act, 1958 (hereinafter referred to as 'the act') in view of the pendency of the first petition in this court. ..... , appellant before us, applied to the controller on march 14, 1972, for eviction of the respondent under section 14(1)(e) of the delhi rent control act, 1958 ('the act' for short). ..... disclosed in affidavit of the tenant are not sufficient to grant leave, we would find it difficult to ee a single case in which leave could ever be granted which would mean that the landlord fortunately having premises in delhi where rents are fantastically high can hold tenants at ransom on the threat of eviction on the ground of personal requirement and on refusal of leave obtain possession. .....

Kul Parkash Tejpal Vs. S.P. Bhandari

Court : Delhi

Reported in : 1997IIIAD(Delhi)481; 67(1997)DLT644; 1997(41)DRJ693; 1997RLR393

..... under proviso to section 25-b(8) of the delhi rent control act (in short the act) revision would lie only against a final order. ..... ground that the landlord requires the demised premises bonafide for his own occupation as a residential accommodation, it has to be dealt within accordance with the procedure specified in section 25-b and not under the provisions contained in chapters other than chapler-iii-a, insofar as the latter arc inconsistent with the former. ..... smt.narain devi taneja : [1980]2scr746 while considering chapter-111 of the act under the heading 'summary trial of certain applications ' consisting of three sections, namely, sections 25-a, 25-b and 25-c, observed that:- 'section 25-b provides a special procedure for the determination of an application by a landlord claiming recovery of possession from his tenant of ..... (7) this court in the case of k.k.sarin (supra) observed that:- 'a glance at the provisions of chapter iii-a shows that the policy and purpose of the legislature in enacting sections 25a, 25b and 25c is to introduce a swift and expeditious procedure for trial where the landlord's application for eviction is filed on the ..... the learned arc vide order dated 16th december, 1995 found that the respondent had raised triable issues challenging the bonafide requirements of the landlord. .....

Royal Nepal Airlines Corporation Vs. Shrishti Properties Pvt Ltd.

Court : Delhi

..... in prithipal singh (supra) the apex court has in deep detail dealt with the object of the rent act and also the insertion of chapter iii-a; the dominant object of the amending act being that there should be a speedy, expeditious and effective remedy for special class of landlords who are contemplated under section 14 (1)(e) of the drca and this has also been noted ..... the possession of the tenant, 500 square feet have been reverted back to the landlord; landlord has also on affidavit also stated that apart from this property, he has no other premises in the ncr of delhi; his need for expanding his business has clearly been made out; his need is genuine and bonafide; the pointer of the tenant that the landlord should expand his business through computer and ..... extract of this letter is reproduced herein as under:-"this has reference to your letter dated 22nd april 2002 seeking permission of this ministry for vacation of your property at no.44 (ground floor), janpath, new delhi, which has been let out to the royal nepal airlines corporation for a period of 25 years from 21st july 1975.in this connection, it is stated that the royal nepal airlines corporation is a state-owned concern ..... this court is the order dated 13.08.2010 wherein the application filed by the tenant (royal nepal airlines corporation) seeking leave to defend in an eviction petition filed under section 14 (1)(e) read with section 25-b of the delhi rent control act (drca) by the landlord (m/s shrishti properties pvt. .....

Vasantkumar Radhakisan Vora and ors. Vs. Board of Trustees of the Port ...

Court : Mumbai

Reported in : AIR1984Bom96; 1984(2)BomCR478; ILR1984Bom1784a

..... act of 1963 the provisions of chapter vii with which we are concerned were amended so as to confer a right of appeal a tenant who has taken up to the rent act ..... 49 and also the basically unaltered scheme of chap, vii so far as occupant who do not raise a plea of protection of the rent act are concerned and consequently also his right to avail of the remedy of filing an appeal in the event of the adverse decision by the trial court ..... way of an appeal to the occupant against whom the suit is institutes after july 1 1976 , and assuming that no such remedy of appeal remains available tooth occupant by reason of changes effected by the amendment act of 1963, that by itself would not vitiate the classification if it is otherwise reasonable and we have already held that this between pending proceedings and the new proceedings is valid classification. ..... in the absence of such of a provision giving finality tooth decision the question of protection under the rent act, the tenant could raise the same issue over and over again in different proceedings , particularly having regard ..... we are, therefore, of the view that the changes brought about by the amending act, 1963, have not substantially altered the position, except with regard to the cases where the occupant raises a plea that the is attendant within the meaning of rent act and as such protected; only it this limited extent, the decision of the small cause court ..... case the provisions of the delhi rent control act (1953) were challenged as .....

Prakash H. JaIn Vs. Ms. Marie Fernandes

Court : Supreme Court of India

Reported in : AIR2003SC4591; 2004(5)ALLMR(SC)1; (SCSuppl)2003(2)CHN154; JT2003(Suppl1)SC528; 2003(8)SCALE29; (2003)8SCC431; 2004(1)LC134(SC)

..... bal swarup : air1980delhi216 a learned single judge of the said high court chose to infer conferment of power under rule 23 of the delhi rent control rules, 1959, though such power was not conferred under the statute, by relying upon section 151 cpc which in our view could not have been, having regard to the very nature and ..... contra, the learned counsel appearing for the respondent, while placing strong reliance upon sections 39 and 43 of the act, contended with equal vehemence that chapter viii is a distinct and separate one standing apart and disassociated from the other provisions of the act and according to the scheme underlying the said chapter and the various provisions contained therein, the powers of the competent authority are limited as specifically delineated and indicated therein ..... tanall : 1985(22)elt327(sc) while considering the question as to whether the collector who was the appellate authority under section 90 of the andhra pradesh (telengana area) tenancy and agricultural lands act, 1950, was court and limitation act, 1963 applied to appeals before him for invoking powers under section 5 this court, on the provisions as it stood prior to certain subsequent amendments specifically made for the purpose did not approve the claim ..... : [1995]1scr5 railway claims tribunal constituted under section 78b of the railways act, 1890, was held to be not a civil court and section 17(1)(c) of the limitation act, 1963 had no application, the tribunal being only a creature of the .....

Daya Ram Sharma Vs. Bhartoo Mal and ors.

Court : Delhi

Reported in : 20(1981)DLT193

..... the tenant filed second appeal, under section 39 of the delhi rent control act, 1958 (hereinafter called 'the act'). ..... 78 3ia held that time spent in obtaining the copy of the judgment of the court of first instance cannot be excluded under section 12(3) of the limitation act but the period which was spent by the appellant in actually obtaining the copy of the judgment of the court of the first instance after the expiry of the period of limitation and till the delivery of the ..... this appeal has been fixed in this court and thereforee the appeal is to be dealt with by this court acting as a high court and the same is governed by the normal procedure applicable to second appeals filed in this court ..... thus, under order 41 rule i of the code read with the said rule 2(b), the appellant was required to file a copy of the judgment and order of the rent control tribunal as well as a copy of the order of the additional controller. ..... shamlal murari and another, manu/sc/0494/1975 : [1976]2scr82 but in that case rule 3 chapter 2-c vol. ..... (3) the learned counsel for the appellant submits that rule 2(b) of chapter i-a of vol. v. ..... rule 2 (b) of chapter i-a of vol. v ..... the appellant was entitled to exclude the time spent by him in obtaining the certified copy of the order of the rent control tribunal under section 12 of the limitation act. ..... appeal by the landlord, the rent control tribunal set aside the order of the additional controller and dismissed the appellant's application for fixation of standard rent. .....

J.K. Woolen Industries Vs. Shri Surinder Pal Kapoor

Court : Delhi

Reported in : 2009(93)DRJ202

..... the respondent/landlord filed a petition under section 14(1)(b), (c), (d) & (j) of the delhi rent control act, 1958(hereinafter referred to as the said act) against the petitioner/tenant. ..... it was held that the requirement of a prior permission under the slum areas(improvement and clearance) act, 1956 (hereinafter referred to as the slum act) is not required for an eviction proceeding under section 14(1)(e) of the said act as the special and specific purpose which motivated the enactment of chapter iii a of the said act would be wholly frustrated if the provisions of the slum act requiring permission of the competent authority were to prevail over them.5. ..... (7) notwithstanding anything contained in sub-section (2) of section 37, the controller shall, while holding an inquiry in a proceeding to which this chapter applies, follow the practice and procedure of a court of small causes, including the recording of evidence. ..... in my considered view there is no doubt about the proposition that the intent of the legislature in introducing chapter iii a by amendment of the said act was to provide for a summary trial of certain applications. ..... the petitioner can hardly have a grievance against the landlord not availing of the benefit of the summary procedure prescribed under chapter iii a except to the extent that the remedy of an aggrieved person in case of the petition under section 14(1(e) of the said act is to be in accordance with sub-section 8 of section 25b of the said act.13. .....

Davinder Kumar Chadha and Anr Vs. Pushpa Rani Sahani

Court : Delhi

..... section 25-b of the delhi rent control act, 1958 finding its place in chapter iii-a of the act was inserted in the body of the main act by act 18 of 1976 with effect from 1-121975. ..... justice mukta gupta1 aggrieved by the order dated 2nd march, 2012, whereby the petitioners leave to defend application in an eviction petition filed by the respondent under section 14 (1) (e) of the delhi rent control act, 1958 (in short the drc act ) was dismissed, the petitioners prefer the present petition.2. ..... for that limited purpose it may enter into reappraisal of evidence, that is, for the purpose of ascertaining whether the conclusion arrived at by the rent controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. ..... the petitioners have been selling ladies suits, dress material and shawls from the said shop and presently the petitioners are paying the rent of rs.1,050/- per month towards the two shops and one almirah/window shop. ..... ritu sahni since 1995 cannot be relied upon as in the year 1995 the daughter would be 8 years old. ..... the fact that the respondent and her husband were working and selling dress material, ladies suit and shawls under the name and style of m/s shakshi vastra bhandar and m/s guru kripa since 1995 was denied. ..... it is reiterated that the business was being run by their daughter since 1995.6. .....

Jagdish Pershad Vs. Phoolwati Devi

Court : Delhi

Reported in : 17(1980)DLT446; 1980RLR367

..... the benefit of order 37 rule 4, of the code of civil procedure is not excluded by any provisions of the delhi rent control act or any provisions of chapter iiia thereof. ..... (3) the question then arises whether the language of the third schedule read with that of section 25b of the delhi rent 450 control act expressly excludes the operation of the limitation act to the application to be made under the third schedule. ..... that is to say, if in view of the special provisions of the delhi rent control act a particular provision of the code of civil procedure cannot be followed, the controller need not do so ..... the application of section 29(2) of the limitation act may be analysed as below: '(1) the delhi rent control act being a special or local law prescribes for an application for leave to defend a period of 15 days ..... (1) the question referred to the division bench is whether the controller has power to extend the period of limitation of 15 days prescribed in the third schedule to the delhi rent control act, 1958 (the act), for obtaining leave to contest the application for eviction filed by the landlord against the tenant on the ground specified in clause (e) of the proviso to sub-section (1) of section 14 or under section 14a thereof either by invoking section 5 read with section 29(2) of the limitation act, 1963 or otherwise. ..... rule 4 of order 37 existed before the delhi rent control act, j 958 was enacted and also before it was amended from 1st december, 1975 by the insertion of section .....

S.S. Puri Vs. S.P. Malhotra

Court : Delhi

Reported in : 95(2002)DLT399; 2002(61)DRJ728

..... this petition under article 227 of the constitution has been filed assailing the order of the additional rent controller (hereinafter referred to as arc) delhi dated 3.11.2000, whereby leave to contest the eviction petition under section 14(1)(e) read with section 25-b of the delhi rent control act (hereinafter referred to as drc act) was granted to the tenant. ..... 'consequent on the amendments to the delhi rent control act carried out in 1988 an appeal now lies under section 38 only on questions of ..... it may also be noticed that even in cases where leave is granted provisions are made int his very chapter for expeditious disposal of eviction petitions. ..... there is any reasonable ground for the lower court to have acted int he challenged manner, the high court should not interfere. ..... a leave to defend sought for cannot also be granted for mere asking or in a routine manner which will defeat the very object of the special provisions contained in chapter iiia of the act. ..... short and substance wholly frivolous and totally untenable defense may not entitle a tenant to leave to defend but when a triable issue is raised a duty is placed on the rent controller by the statute itself to grant leave. ..... is essentially so since the legislature has progressively intended the additional rent controller to be the master of the facts. 7. ..... chaman lal, 1977 r l r 566, where it was observed as follows: 'legislature is so keen on expeditious disposal that it has taken away the rights of appeal under this chapter. .....