Court : Delhi
Reported in : 1995IIIAD(Delhi)887; 60(1995)DLT310; 1995RLR506
..... (1) the petitioner through the present revision petition has taken exception to an order dated february 6,1995 passed by the additional rent controller, delhi, whereby he dismissed the application for leave to defend moved by him under section 25b of the delhi rent control act,1958 (hereinafter referred to as the act for the sake of convenience) and passed an order of eviction in respect of the premises in occupation of the petitioner shown by red colour in the site ..... , the application under section 25b of the delhi rent control act for leave to defend the eviction petition is ..... 58679 dated september 10, 1993 drawn on the central bank of india, karol bagh, new delhi, covering the rent for the period from january 1,1992 to september 30,1993 was sent and the said cheque was encased by shri gurdev singh and a receipt dated october 11, 1993 was sent, photocopy whereof ..... that being so, making out a case under the rent act for eviction of the tenant by itself is sufficient and it is not obligatory to found the proceeding on the basis of the determination of the lease by issue of notice in accordance with section 106 of ..... order dated february 6,1995 passed by the learned additional rent controller, delhi, is set aside. ..... get a decree or order for eviction against a tenant under any state rent control act it is not necessary to give notice under section 106 t.p. ..... singh sahni brought, forward a petition for eviction before the rent controller, delhi against the petitioner and respondent no. .....
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)481; 70(1997)DLT82; 1997(43)DRJ246; 1997RLR598
..... the respondent has raised, inter-alia, the objection of jurisdiction by stating that the delhi rent control act was amended in 1988 as a consequence whereof the premises in dispute were no longer covered under the provisions of delhi rent control act and eviction in such circumstances could be ordered only by a civil court. ..... arises out of a decision of the additional rent controller dated 15.5.1995, dismissing the eviction petition of the petitioner filed by her under section 14(1)(e) read with section 25b of the delhi rent control act. ..... : 23(1983)dlt362 wherein the hon'ble supreme court has held as under:- 'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very ..... , this court had clearly held that the desire to live in one's own house and to abandon the rented accommodation is the legitimate aspiration which has to be given effect to by the rent control authorities and by this court unless there are reasons to show that this desire is unjustified in any particular ..... keep in view that there is acute shortage of housing accommodation in the metropolitan city of delhi and thereforee unless there is compelling necessity, there can be no order for eviction under section ..... oberoi, the tenant had no vested right under the rent control act itself and argued that so long as it remained in operation, it was the landlord's normal rights vested by the general law, ..... rent restriction acts deal with the problem of rack-renting and .....
Tag this Judgment!Court : Delhi
Reported in : 117(2005)DLT506
..... property was thus acquired in 1995 and eviction petition was filed before the expiry of the 5 years period as envisaged in section 14(6) of the delhi rent control act. ..... court clearly held that 5 years period for purposes of section 14(6) of delhi rent control act commences when the person gets the agreement to sell/power of attorney executed in his favor along with possession and which in that case was in 1978 and not from the execution of the sale deed ..... no definition has been defined in the delhi rent control act in respect of the word 'owner' ..... court had an occasion to deal with section 14(6) of the delhi rent control act in jagdish chander gulati v. ..... section 14(6) of the delhi rent control act was enacted to ensure that an owner, who cannot evict a tenant should not be allowed to transfer the property so that now owner can evict the ..... relevant portion of the judgment may be read as under:'interesting question involved in this matter for adjudication is as to the use of word 'owner' in section 14(1)(e) of the delhi rent control act (hereafter referred to as 'act'). mr. ..... under the delhi rent control act, the word 'owner' occurring in clause (e) of the proviso to section 14(1) is not used in the sense of absolute ..... delhi high court while interpreting the word 'owner' occurring in section 14(1)(e) of the delhi rent control act in ..... section 14(6) of delhi rent control act will not stand in the way of the respondent in asking of recovery of possession on the basis of power of attorney .....
Tag this Judgment!Court : Delhi
Reported in : 2007(97)DRJ548
..... days' notice as per the requirement of section 8 of the delhi rent control act, was not given and, thereforee, notice was not valid in law ..... trail court, learned counsel for the appellant submitted that section 2(i) of the delhi rent control act defines 'premises' and the rent has to be in respect of the premises. ..... the said act, term 'rent' had not been defined (the position is same in delhi rent control act as well) ..... delhi rent control act was applicable in respect of all the 'premises' within the municipal limits of delhi as specified in the said act ..... applicable in case of those tenancies which are governed by the delhi rent control act namely, where the rent is below rs. ..... fans and extra government duty on electric current without any reduction or abatement to be paid at the bank on or before the 7th of succeeding month for which the rent became due and that the said rent was inclusive of charges for current for fans, lights, radio and electric stove not exceeding 600 watts for heating meals and making tea only, use of lift, ..... another notice dated 20th may, 1995 was served upon the appellant and further increase in the rent was demanded. ..... notices dated 20th march, 1989 and 24th march, 1995 was repudiated on the ground that these notices did not contain any valid and legal demand, and, thereforee, it was no obligation on the part of the appellant to increase the rent. ..... namely 24th may, 1995 was, however, held ..... for the appellant was to challenge the validity of notice dated 24th may, 1995. .....
Tag this Judgment!Court : Delhi
..... is, therefore, clear that the full bench was of the view that once the property is outside the purview of the delhi rent control act, 1958, the annual letting value of the property for the purposes of section 23 of the income tax act, 1961 cannot be determined with reference to the standard rent determinable under the delhi rent control act. ..... by the order of the commissioner of income tax (appeals) for the assessment year 1993-1994, the assessee filed an appeal before the income tax appellate tribunal whereas in respect of the assessment year 1995-1996, the revenue filed an appeal before the tribunal. ..... two appeals under section 260-a of the income tax act, 1961 (hereinafter referred to as the said act) arise out of the common judgment of the income tax appellate tribunal dated 15.09.2004 passed in ita no 1242/del/1997 and ita no 5266/del/1998 pertaining to the assessment years 1993-1994 and 1995-1996 respectively. ..... since the position in 1993-1994 and in 1995-1996 would not be very different, it would be appropriate if we remit the matter to the assessing officer, in respect of both these appeals, for computing the annual letting value on the basis of the rateable value, as directed by ..... find that in so far as the assessment year 1995-1996 is concerned, the commissioner of income tax (appeals) has taken the rateable value for determining the annual letting value for the purposes of section 23 of the said act. ..... view was taken by the assessing officer for the assessment year 1995-1996. .....
Tag this Judgment!Court : Delhi
..... is, therefore, clear that the full bench was of the view that once the property is outside the purview of the delhi rent control act, 1958, the annual letting value of the property for the purposes of section 23 of the income tax act, 1961 cannot be determined with reference to the standard rent determinable under the delhi rent control act. ..... by the order of the commissioner of income tax (appeals) for the assessment year 1993-1994, the assessee filed an appeal before the income tax appellate tribunal whereas in respect of the assessment year 1995-1996, the revenue filed an appeal before the tribunal. ..... two appeals under section 260-a of the income tax act, 1961 (hereinafter referred to as the said act) arise out of the common judgment of the income tax appellate tribunal dated 15.09.2004 passed in ita no 1242/del/1997 and ita no 5266/del/1998 pertaining to the assessment years 1993-1994 and 1995-1996 respectively. ..... since the position in 1993-1994 and in 1995-1996 would not be very different, it would be appropriate if we remit the matter to the assessing officer, in respect of both these appeals, for computing the annual letting value on the basis of the rateable value, as directed by ..... find that in so far as the assessment year 1995-1996 is concerned, the commissioner of income tax (appeals) has taken the rateable value for determining the annual letting value for the purposes of section 23 of the said act. ..... view was taken by the assessing officer for the assessment year 1995-1996. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3580; 93(2001)DLT164(SC); JT2001(7)SC477; 2001(5)SCALE509; (2001)8SCC397
..... building or re-building or addition or alternation cannot be carried out without the premises being vacated;(h) that the tenant has, whether before or after the commencement of this act, acquired vacant possession of, or been allotted, a residence;(hh) that the tenant has, after the commencement of the delhi rent control (amendment) act, 1988, built a residence and ten years have elapsed thereafter;(i) that the premises were let to the tenant for use as a residence by reason of his being ..... it is not a dispute in the present case that the delhi rent act is the central act hence section 6 of the general clauses act is applicable. ..... submission on behalf of the respondent-landlord is, even if tenant have no vested right landlord has a vested right under the rent act by virtue of section 14 of the delhi rent act. ..... : (1995)1scc104, is also a case under the delhi rent control act where the same section 3(c) which we are considering was brought in though the same delhi rent control (amendment) act, 1988. ..... in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this act, to be in such service or employment;(j) that the tenant has, whether before .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1247
..... union of india : (1995)1scc104 interpretation and constitutional validity of section 3(c) of the delhi rent control act, 1958 was called in ..... , in so far the delhi rent control act is concerned, it is observed that the amendment made to delhi rent control act is for a different purpose ..... (c) to any premises, whether residential or not, whose monthly rent exceeds three thousand and give hundred rupees; or (d) to any premises constructed on or after the commencement of the delhi rent control amendment act, 1988, for a period of ten years from the date of completion of ..... discrimination in the matter of giving protection to persons occupying residential houses and non-residential houses which is not the case in delhi rent control act. ..... there is nothing on record to show that the 2nd defendant has become a sub tenant as the karnataka rent control act, 1961 ('the act' for short) has nowhere defined a sub tenant of any premises and therefore he justified the finding of the trial court that the 2nd defendant was a trespasser and the suit for ejection ..... whether the suit for eviction was maintainable in view of section 31 of the karnataka rent control act struck down whether the civil court has jurisdiction to try the said suit. ..... tamilnadu : [1986]2scr596 wherein the validity of section 30(ii) of the tamilnadu buildings (lease and rent control) act 1960 as amended in the year 1973 making the protective provisions of the act inapplicable to residential premises, the monthly rental of which was rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC455
..... of section 3 of delhi rent control act is analogous to clause (g) of sub-section (1} of section 2 of the act, which reads as ..... 3919 of 1994 decided on 25.4.94, therefore, the plaintiff-respondent cannot claim damages more than the rent fixed by the supreme court, that the notice of termination of tenancy stood waived as rent after termination of tenancy was accepted by the plaintiff-respondent for the period 19.7.95 to 31.7.95 and the suit was not legally maintainable and ..... had no application to the said building, that a notice of termination of tenancy under section 106 of the transfer of property act dated 19.6.95 was served upon the defendant-applicant terminating its tenancy which was served upon the defendant-applicant on 24.6.95, that by means of said notice the defend ant-applicant was ..... 5 of 1995 were quite valid and intra vires to the constitution, the notice of termination of tenancy was quite valid.that the said notice in spite of acceptance of rent on 5.7.95 was not waived, that the ..... 1995 were invalid and ultra vires to the constitution, that the notice served by the plaintiff respondent under section 106 of the transfer of property act ..... and another, (1995) 1 scc ..... called upon to vacate the building in question on 1.8.1995. ..... 1995 ..... served upon the defendant as stated above on 24.6.95 which terminated the tenancy of the defendant applicant on the last day of july, 1995, i.e. ..... 1995 ..... 20 of 1995 and is directed against the judgment and decree passed by small cause court, lucknow .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIIAD(Delhi)143; 76(1998)DLT675; 1999(48)DRJ390
..... the petitioners filed objections under section 25 of the delhi rent control act, 1958 (hereinafter referred to as 'the act') read with order 21 rules 98 & 99 and section 151 cpc claiming independent right in the suit premises and praying that execution of eviction order dated february 2, 1994 be not effected against them.2. ..... though shri raju ramchandra, learned senior counsel appearing for the appellant, contends that the appellant in execution of the decree dated january 1, 1995 in suit no.66/93 came to have lawful possession of the property in his right as a decree-holder and owner of the property. ..... the appeal filed by the petitioners against the order dated january 27, 1995 of shri j.r.aryan, additional rent control, delhi was dismissed. ..... anand who was employee of the tenant/judgment debtor filed his objections under section 25 of the act, when execution proceedings were initiated claiming that he was the actual tenant in the premises and his employer m/s hindustan thompson associates ltd. ..... uma sethi filed eviction petition under section 14-d of the act on september 15, 1993 seeking recovery of tenanted premises being flat no.38, khan market, new delhi comprising of premises on first floor and second floor. ..... an application for grant of an injunction was also moved under the provisions of order 39 rules 1 and 2 of the code of civil procedure which was dismissed by the civil judge by order dated february 13, 1995. ..... unfortunately, the respondent stood dispossessed on may 23, 1995. .....
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