Court : Orissa
Reported in : AIR1951Ori41
..... the section says'and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be apply to such charge (which includes a charge created by acts of parties as well as by operation of law),'one of these provisions is that a holder of a charge is not entitled to enforce it even though personal liability may be involved in it, against any property of the ..... (2) was enacted which is to the effect that the holding or portion or share of an occupancy ryot shall not be liable to be sold in satisfaction of a decree for arrears to rent without making the said transferee a party to the proceedings in execution of a decree provided that the transferee has given notice of transfer by registered post to the landlord. ..... have either the landlord's interest or the ryoti interest, as the case may be, the execution and the sale thereunder should lose the character of being an execution of a rent decree as such with the result that the sale will not pass the holding or the tenancy, as the case may be.4. ..... landlord in effecting the transfer is to make it binding against a landlord so that he cannot have the privilege of selling the holding by way of enforcement of a decree without making the transferee a party for arrears of rent is clear from certain provisions of the act in addition to the one providing for compulsory service of notice. ..... a right is in question in the suit for recovery of rent even though rent is a first charge according to schedule 4 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... for eviction merely on the ground of non-payment and whether the plaint in the case which was distinctly based on the order for exemption obtained from the rent controller, is to be treated as falling outside the scope of the house rent control act, merely because, non-payment is also alleged, are matters that must depend upon further investigation of facts, as to circumstances under which the non-payment may ..... lord macnaughten laid down the two following propositions in this connection; (l) if it was a matter which was more than one relating to procedure, that is if it touched a right in existence at the passing of the act, it could not be deemed to be retrospective in its effect according to a long line of decisions extending from coke; and (2) to deprive a suitor in a pending action of a right of appeal to a superior court which belonged to him, ..... nor would it render invalid what was valid under the repealed order as the saving clause expressly says that it 'shall continue in force and be deemed to be done under the act ' it is by a legal fiction that anything done under a prior statute is deemed to be done under a later statute; and it is by just another legal fiction that we have to hold that although a provision corresponding to section 13 was ..... of provisions dealing with matters of procedure which may properly be retrospective in effect, but even here an exemption is made in cages where such construction would be textually inadmissible: delhi cloth & general mills v. ..... delhi .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori58
..... subject to the provisions of this act and notwithstanding anything to the contrary contained in an agreement or law where a tenant on a tenancy from month to month is, on the date of the commencement of this act or any other date subsequent thereto, in possession of any house, (a) he shall not be liable to be ejected whether in execution of a decree, or otherwise, except for non-payment of rent or breach of conditions of the tenancy ..... i get it from the clear language of section 5, arrears of rent take the case out of the operation of ther act and no permission under section 13, is necessary.4. ..... order that it may be available as a ground for eviction, it must be a condition of the tenancy'.this observation clearly shows that the point before them was not whether arrears of rent will entitle the landlord from an exemption from obtaining the permission of the house rent controller under section 13 of the act. ..... the courts below have come to the conclusion that no order of exemption as provided for in the house rent control act, 1947, was necessary on account of the arrears of rent. ..... suit was resisted on two grounds:--(i) that the notice is invalid and (ii) that the suit is not maintainable under the provisions of house rent control act, 1947, thera being no permission obtained under section 13 of the act. ..... clearly exempts the case from the provisions of house rent control act, 1947. ..... the second point is that the case is hit by the mischief of the provisions of house rent control act, 1947. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori246; 19(1953)CLT208
..... tenant on a tenancy from month to month is, on the date of the commencement of this act, in possession of any house- (a) he shall not be liable to be ejected, whether in execution of a decree or otherwise except for non-payment of rent or breach of the conditions of the tenancy, and (b) the landlord shall not be entitled to increase the rent which was, on the date of the commencement of this act, payable for such house: provided that the controller may, on the application of the landlord ..... and after making such enquiries as he thinks fit, increase such rent, in the same circumstances, to the same extent and with the ..... same effect as the fair rent of a house may be increased under section 9 : provided further ..... preamble to the orissa house rent control act says that the main object of the act was to prevent unreasonable eviction .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori77
..... patna high court that where the judgment-debtor applies to have the execution sale set aside on the ground of fraud in the conduct of the sale and seeks to take advantage of section 18 of the limitation act the court isbound to find when and how the fraud was committed and as to whether the judgment-debtor was kept out o the knowledge of the execution proceedings and the sale.there must be a distinct ..... 25, 1958 allowed the appeal holding that the application had been filed in time and accordingly set aside the said order of the rent court deputy collector. ..... of 1956-57 whereby he, -- in reversal of the order of the rent suit deputy collector, --set aside the sale in execution on the ground of fraud on an application under section 228(2) of the orissa tenancy act (bihar and orissa act ii of 1913).2. ..... on 22-1-1956 the rent suit deputy collector dismissed the said application for setting aside the sale holding that the sale notices were duly served and that the applicant failed to prove the alleged fraud in the service and further that the applicant was not entitled to the privilege allowed under section 18 of the indian limitation act,on appeal, from the said order, the learned additional district magistrate on january .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori257
..... proviso lays down that-'in any case falling under clause (i) if the controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may give the tenant a reasonable time not exceeding fifteen days to pay or tender the rent due from him to the landlord upto the date of such payment or tender and on such payment or tender the application shall be rejected'.the law on the point is no longer ..... the petition for eviction under section 7 (1) and (4) of the orissa house rent control act, 1967 (hereinafter to be referred to as the act), on the grounds that the tenant was in arrears of rent and the landlord required the house in good faith for his own occupation. ..... contended that it is open to the parties to enter into an agreement that the monthly rent would be paid on a particular date and sometimes more than a year after. ..... if this point had been taken before the house rent controller, it would have been within the jurisdiction of the controller to direct the tenant to pay the rent and it is only in case of default that the tenant would have been precluded from defending the proceeding.the more formidable point, however, is that it is concluded by a series of decisions of this court that section 7 (3) applies ..... of facts establish beyond reasonable doubt that the tenant deliberately avoided to pay rent and enjoyed the house without quid pro quo. ..... directed eviction as the tenant had not deposited the admitted arrears of rent as required under section 7 (3) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori245; 38(1972)CLT532
..... the outstanding dues the landlords mala fide filed an application for eviction on 22-11-1965 under section 7 (2) of the orissa house-rent control act, 1958 (orissa act 31 of 1958) (hereinafter referred to as the act) alleging that they required the house in good faith for their own occupation. ..... the concurrent finding by saying that the landlords did not require the house in good faith and their act of eviction was mala fide to escape payment of the dues incurred by the tenants for improving and ..... this being the legal position it is unnecessary to examine whether the house rent controller and the appellate authority were justified in not allowing the tenants to prove the outstanding dues with the help of their account ..... that hardship of the tenant is no consideration in determining whether the landlord acts in goodfaith or not or requires the house for hisown occupation. 7. ..... if the tenant enters into an agreement with the landlord that he will vacate the tenement when the landlord desires even though he might not have fallen into arrears of rent, the agreement would be hit by section 6 of the act. mr. ..... in paragraph 5 of his judgment the house rent controller states thus:--'x x x xxrespondents of course wanted to exhibit all accounts and the pronotes; butin view of the ..... he makes a complaint that the house rent controller did not allow the tenants to lead necessary documentary evidence in support of their case that the landlords had taken large advances and had agreed not to evict .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori78; 44(1977)CLT368
..... the applicant in the receipts as rent was not conclusive to show that the relationship of landlord and tenant existed between the committee and the applicants. ..... towards the end of 1952 however 30 of the occupants filed applications undersection 8 of the delhi and aimer rent control act praying for fixation of standard rent in respect of the premises in their respective occupation. ..... his failure to do so, an application for his eviction under section 7 of the orissa house rent control act (hereinafter called the rent act) was filed before the house rent controller at rayagada. ..... wherein the payments made by the applicants were acknowledged to have been received as 'rent'.the supreme court held that there could be no letting without the premises forming the subject-matter of tenancy being transferred in favour of the ten-ant for his occupation and as in that case there was no transfer by the committee under the punjab municipal act there was no letting and therefore the mere description of the premium paid by ..... act and (b) under the rent act ..... only ground canvassed before us is that the petitioner was not a tenant of the company and no order ofeviction could therefore be passed under section 7 of the rent act.4. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori95; 60(1985)CLT180
..... approach is not correct because eviction of a tenant under the provisions of the act on account of non-payment of rent can be secured only if it is found that the tenant had failed to pay the rent recoverable from him, in other words the rent that is due under the law.4. ..... provisions contained in sub-section (1) of section 13 of the act contemplate that the landlord has a right to recover from his tenant not more than one-fourth of the gross produce of the land or the value thereof or the value of one-fourth of the estimated produce, as rent, so however, that such rent shall in no event exceed the fair rent in respect of such land. ..... 1, opposite parties 2 and 3 appear to have assumed that the rent of 21 pautis of paddy and 15 pautis of mung per annum payable by opposite ..... petitioner filed an application under section 15(1)(c) of the orissa land reforms act 1960 (hereafter referred to as the 'act') praying for eviction of opposite party no. ..... for consideration of the question whether the rent agreed to be paid by opposite party ..... 1977 annexure-3, remanded the case to opposite party no, 2 to first record a finding as to whether the rent agreed to be paid by opposite party no. ..... on the ground of non-payment of rent for the years 1973, 1974 and 1975 ..... impugned order as per annexure-3 we agree with the learned counsel for the petitioner that the observation of the learned commissioner in the last paragraph of his order that the petition under section 36-a of the act filed by opposite party no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori103
..... in this order and without prejudice to the powers conferred on central government under section 15 of the caltex (acquisition of shares of caltex oil refining (india) limited) and of the undertakings in india of caltex (india) limited) act, 1977, all contracts, deeds, bonds, agreements and other instruments of whatever nature to which coril is a party subsisting or having effect immediately before the appointed day, shall, as from that day, be of as full force and ..... in the counter-affidavit is that even though no lease deed has been executed and registered, but in view of the fact that the corporation is continuing to possess the premises and is paying the rent and the petitioner is accepting the same, it must be deemed in the eye of law that there has been a renewal of the lease and the corporation continues as a lessee. ..... , therefore, the impugned letter under annexure 5 is without jurisdiction and the position of the hpcl is that of a trespasser;(ii) even if the hpcl had a right of renewal under section 5 read with section 7 of the act, the said renewal could be exercised only once and, therefore, in any view of the matter, there is no right of renewal subsequent to 1989;(iii) even under the ..... 1979, hpcl had continued to possess the premises in exercise of the right of option for renewal conferred upon it under sections 5(2) and 7(3) of the act and rent having been paid the petitioner has accepted the rent. ..... per month for the period 1st april, 1984, till 31st of march, 1995. .....
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