Judgment Search Results Home > Cases Phrase: delhi rent act 1995 chapter iv protection of tenants against eviction Page 1 of about 592 results (0.175 seconds)

Vinod Kumar Vs. Ashok Kumar Gandhi

Court : Supreme Court of India

..... that a decade of the above observation, a comprehensive legislation, namely, delhi rent act, 1995 has been enacted to provide for the regulation of rents, repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the national capital territory of delhi. ..... in satyawati sharma took judicial notice of the fact that the delhi rent act, 1995 which was a subsequent legislation, but yet to be notified by the central government, did not distinguish between the residential and non-residential premises in sofaras landlord s right to seek eviction on bona fide need is concerned. ..... chapter iii of delhi rent control act, 1958 deals with control of eviction of tenants ..... with regard to protection of tenant against eviction a new section 22(r) which provides as follows: section 22(r) that the premises let for residential or non-residential purposes are required, whether in the same form or after re-construction or re-building, by the landlord for occupation for residential ..... it is another matter that delhi rent act, 1995 even though it received assent of the president could not ..... above, it is clear that what was observed by gian devi anand was also accepted by the legislature in providing for eviction from both the residential and non-residential premises on the ground of bona fide need in act, 1995. ..... the legislature having not yet enforced the delhi rent act, 1995 it was not open for this court in satyawati sharma (supra) to read down the provision 15 of .....

Indian Cable Company Limited Vs. Prem Chandra Sharma

Court : Delhi

Reported in : 39(1989)DLT87; 1989(17)DRJ53; 1989RLR495

..... protection of tenant against eviction ..... clauses (a) to (1) only, these clauses specify the circumstances and the conditions on which only orders can be made against a tenant for recovery of possession of any premises, this provisions for protection against eviction from tenanted premises has been made in the act in delhi and by various other rent acts in different states because of scarcity of accommodation and gradual high rise in rents due to various factors which place the landlords in a position to exploit the situation for unjustified personal gains to the ..... second appeal, under section 39 of the delhi rent control act, 1958, hereinafter referred to as 'the act', arising out of an order of the rent control tribunal dated 10th april 1986 affirming order of eviction of the appellant-tenant made by the additional rent controller, delhi, under section 14(1)(b) of the act, the main question of law which has arisen is: whether clause (b) of the proviso to sub-section (1) of section 14 of the act applies to residential premises let out to a ..... (supra) lord wright pointed out that the purpose of the rent act was to protect occupying tenants and not those who were incapable of occupation and he observed: 'if the right...is...purely personal, i do not see how this right can be vicariously enjoyed or how the principle of dwelling in the premises by ..... is made regarding rent in sections 4 to 13 in chapter ii and regarding control of eviction in sections 14 to 25 in chapter iii of the act. .....

Shiv Chander Kapoor Vs. Amar Bose

Court : Supreme Court of India

Reported in : AIR1990SC325; 1989(2)SCALE1168; (1990)1SCC234; [1989]Supp2SCR299

..... of the delhi rent control act gives protection to the tenants against eviction and specifies the grounds on which alone the landlord can obtain an order of the competent authority to recover possession of any premises let out to a tenant. ..... landlord, after obtaining the permission of the controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in any other law, the controller may, on an application made to him in this behalf by the ..... the bigger cities, these laws have been enacted to regulate the letting of the available premises and an attempt has been made to reconcile the conflicting interests of landlords and the need for the protection of tenants. ..... it was held that the competing claims of the landlord and the tenant can be harmonised not by insisting upon service of a prior notice on the tenant before the issuance of the warrant of possession to evict him but by insisting upon his approaching the rent controller during the currency of the limited tenancy for adjudication of his pleas no sooner he discovers facts and circumstances that tend to vitiate ab initio the initial grant ..... chapter iii of the delhi rent control act, 1958 comprising of sections 14 to 25 contains provisions relating to control of eviction of tenants .....

S.P. Arora Vs. Ajit Singh

Court : Delhi

Reported in : ILR1970Delhi130

..... protection of tenant against eviction ..... the saidcontrol and protection against eviction is provided by the generalprohibition in sub-section ( 1 ) against the making of an order ordecree by any court or controller for the eviction of a tenant,notwithstanding any law or ..... heading 'protection of tenant against eviction'. ..... that the ground floor was let out-for commercial purposeand not for residential purpose,as the respondent did not remove the factory, the appellantherein filed an application on 15/11/1960, in thecourt of the rent controller, delhi, under clauses (c) and (k)of the proviso to section 14(1) of the delhi rent control act,1958, praying for the eviction of the respondent from the ground floor on two grounds, viz. ..... as alreadypointed out above, clause (k) of the proviso to section 14(1) ofthe delhi rent control act does not prohibit the landlord fromagreeing to an user by the tenant in a manner contrary to thecondition in the lease deed for the land taking a risk as regardsthe forfeiture of the lease ..... theejectment of the tenant on the ground that the tenant was usingthe premises in a manner contrary to the terms and conditionsof the permanent lease, and sought eviction under clause (k) ofthe proviso to sub-section (1) of section 13 of the delhi &ajmer; rent control act, 1952, which was similar to clause (k)of the proviso to sub-section (1) of section 14 of the delhi rentcontrol act, 1958. ..... in chapter iii of the act which is given theheading 'control of eviction of tenants'. .....

Sadiq Sab Vs. Akhilandamma

Court : Karnataka

Reported in : ILR1985KAR1737

..... part v of the act commences with section 21 of the act, which provides protection to tenants against eviction. ..... 'note : the sub-section referred in sub-section (1) of section 21 of the karnataka rent control act.in the said decision, the respondent filed a suit seeking a decree for possession of a shop situated in honnavar town on 5th november 1962. ..... to the extention of parts iv and v of the mysore rent control act, 1961 to the area within which the premises are situate, can be proceeded with in those courts and appeals can be filed against orders or decrees passed in those proceedings before the courts having the power to hear appeals fromthose orders and decrees, as if parts iv and v of the act have not been extended to the area.section 21(1) of the act does not bar further proceedings in such pending ..... 17 of 1983 amending the provisions of the karnataka rent control act, came into force with effect from 31st dec. ..... at the time of instituting the suit parts iv and v of the karnataka rent control act, 1961, were not applicable to honnavar. ..... premises tenancy act (12 of 1956),which is analogues to section 21(1) of the karnataka rent control act, took the following facts into consideration. ..... it has laid down that section 21 of the mysore rent control act, is not retrospective in operation. ..... 151 of 1981 for ejectment of the appellants from the premises, concerned as the karnataka rent control act, was not1. .....

Jivaji @ Balasaheb Venkatesh Anikhindi Vs. Sadashiva Rao Ramachandra R ...

Court : Karnataka

Reported in : ILR1991KAR4307; 1991(4)KarLJ51

..... section 21 of the act protects the tenant against eviction except on the grounds enumerated in clauses (a) to (p) in sub-section (1) ..... expressly to exclude the operation of all provisions inconsistent with chapter iiia whether such provisions are contained elsewhere in the delhi rent act or in any other law like the slum clearance act, section 25a was put on the statute book. ..... object of the legislature in incorporating the non-obstinate clause both in sections 14a and 25a of the delhi rent act was to free the proceedings arising out of the right newly conferred by section 14a and falling within chapter iiia, from the restraint imposed by section 19 of the slum clearance act and from the operation of section 39 thereof. ..... word 'anything to the contrary', but the point of the matter is that the legislature has expressed its intention clearly and unequivocally in more than one way, that the provisions of section 14a and chapter iiia of the delhi rent act would have precedence over anything else contained in that act itself or in any other law. ..... noteworthy that whereas section 25a gives an overriding effect to the provisions of chapter iiia over anything 'inconsistent therewith' contained elsewhere in the delhi rent act or in any other law for the time being in force, section 14a does not qualify the overriding effect of what is contained therein, that is in section 14a, in reference to anything 'inconsistent' therewith contained either in the delhi rent act itself or in any other law. .....

NaraIn Khamman Vs. Parduman Kumar Jain

Court : Supreme Court of India

Reported in : AIR1985SC4; 1984(2)SCALE650; (1985)1SCC1; [1985]1SCR1025; 1985(17)LC422(SC)

..... the said statement of objects and reasons is as follows :-there has been a persistent demand for amendments to the delhi rent control act, 1958 with a view to conferring a right of tenancy on certain heirs/successors of a deceased statutory tenant so that they may be protected from eviction by landlords and also for simplifying the procedure for eviction of tenants in case the landlord requires the premises bona fide for his personal occupation. ..... protection of tenant against eviction-(1) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or controller in favour of the landlord against a tenant :provided that the controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely :-x x x(e) that the premises let ..... by the said ordinance and the said amendment act which replaced it, the definition of 'tenant' in clause (1) of section 2 was substituted and a new section, namely, section 14a, and a new chapter, namely, chapter iiia, were inserted in the act. ..... section 25a provides that the provisions of chapter iiia or any rule made there under shall have effect notwithstanding anything inconsistent therewith contained elsewhere in the act or in any other law for the time being in force ..... chapter iiia is entitled 'summary trial of certain applications' .....

Wazir Chand Vs. NaraIn Devi Etc.

Court : Delhi

Reported in : 1978RLR88

..... the rest of the judgment of the supreme court does not deal with cases u/s 14(1)(e), and it is only this small passage which was relied upon by the appellant to contend that the slum areas act 1956 was not available to protect tenants against whom cases had been instituted u/s 14(1)(e)of the delhi rent control act, 1958. ..... (1) this is an appeal instituted by the landlord u/s 39 of the delhi rent control act, 1958, against an order whereby his petition for eviction u/s 14(1)(e) has been dismissed solely on the ground that the petition cannot be instituted because section 19(1)(a) of the slum areas (improvement and clearance) act, 1956 states that no suit for eviction can be filed without obtaining permission from the competent authority if the premises are situated in a slum area. ..... the landlord did not dispute the fact that the premises are situated in the slum area and are covered by the act, but the contention was that on account of the amendment made by the amendment act of 1976, it was no longer necessary to get permission from the competent authority as the new chapter iiia had introduced a new procedure for the trial of applications u/s 14(1)(e) and the newly introduced section 14a. .....

Ajudhia Pershad and ors. Vs. Chief Commissioner, Delhi and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H110

..... 19 of that act granting permission to execute a decree for eviction granted in favour of the landlord against the tenant under the provisions of the delhi rent restriction act. ..... as provided by the preamble the act was intended inter alia for the protection of tenants in the slum areas from eviction. ..... (3) the aforesaid act was enacted to provide for the improvement and clearance of slum areas and for the protection of tenants from such areas from eviction. ..... chapter vi is headed, 'protection of tenants in slum areas from eviction' and it consists of three sections only. ..... the contention that has been raised is that although an order granting permission to execute the decree against the tenant is not appealable under section 20, it is appealable under section 30 and that appeals filed under section 30 should have been entertained by the administrator who should have further given an opportunity to the parties to be heard.this contention cannot possibly be accepted if the entire scheme of the act and the provisions contained in chapter vi are kept in view. ..... or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may at any time appeal to the administrator.section 30 being a general provision appearing in the miscellaneous chapter and section 20 being a special provision giving a right of appeal to the decree holder only, the meaning sought to be placed on the opening part of s. .....

Ashoka Marketing Ltd. and Another Vs. Punjab National Bank and Others

Court : Supreme Court of India

Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649

..... tenants; (b) to provide for the determination of the standard rent payable by tenants of the various categories of premises which should be fair to the tenants, and at the same time, provide incentive for keeping the existing houses in good repairs, and for further investment in house construction; and(c) to give tenants a larger measure of protection against eviction.this indicates that the object underlying the rent control act is to make provision for expeditious adjudication of disputes between landlords and tenants, determination of standard rent payable by tenants and giving protection against eviction to tenants ..... inducted as a tenant in premises, which are public premises for the purpose of the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as the 'public premises act'), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions of the public premises act and whether such a person can invoke the protection of the delhi rent control act, 1958 (hereinafter referred to as the 'rent control act'). ..... the special and specific purpose underlying the enactment of section 14a and chapter iiia of the rent control act and the fact that the rent control act was a later enactment this court held that the provisions of the rent control act would prevail over those contained in the slum areas (improvement and clearance) act, 1956.60. .....