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Deluxe Dentelles Pvt. Ltd. and Anr. Vs. Smt. Ishpinder Kochhar

Court : Delhi

..... forfeited the right under the lease agreement?. and (c) since delhi rent control act 1958 prohibits ejectment of a tenant paying rent up to `3,500/- per month save and except by an order passed by a rent controller on the grounds specified under section 14 of the delhi rent control act 1958, whether the rent of the leased premises is more than `3,500/- per month ..... an option to have the lease renewed for another duration of 11 years. it was pleaded that the suit was barred under section 50 of the delhi rent control act, 1958 for the reason the rent of the suit premises was less than `3,500/- per month. receipt of the legal notice dated may 03, 2010 was admitted and so ..... given by them to the legal notice dated may 03, 2010 issued by the plaintiff. g) section 6a and section 8 of delhi rent control act, 1958 relied upon by the defendants to contend that the rent of suit premises was never enhanced and remained `2,650/- per month throughout the tenancy have no application in the present case in .....

M.C.D. and Anr. Vs. M/S. Mehrasons Jewellers (P) Ltd.

Court : Supreme Court of India

..... years post 1994 and are said to be in a factual scenario where after the amendment of 1988 to the delhi rent control act, the delhi rent control act does not apply either for the reason that the rent fixed is more than rs.3,500/- per month or that the property has been newly constructed and is exempt ..... of a given situation. the court considered various provisions of the delhi municipal corporation act and the punjab municipal act as well as that of the delhi rent control act, 1958. delhi rent control act was amended in 1988 when certain properties were taken out of the purview of that act. the four categories have been considered at pages 461, 466, ..... be fixed regard being had to the maximum that could possibly be fixed in a situation where standard rent under the delhi rent control act would be the ceiling above which the amount fixed as per parameters under the delhi rent control act could not be exceeded. this becomes clear from the following paragraphs in p.r. chaudhary s case .....

Brij Mohan and ors. Vs. Jag Mohan and anr.

Court : Punjab and Haryana

Reported in : AIR1972P& H317

..... the joint family, he may have in view the benefit of a large number of his family members when he takes on rent the premises, but provisions of sections 141(b), 54 and 57 of the delhi rent control act do no take this factor into account when they provide for the eviction of the tenant on an allotment of a residence to ..... defendants, entered into a fresh tenancy. undoubtedly a fresh tenancy can be created either expressly or impliedly. in the instant case, it is common ground that there is no rent-deed executed by the legal representatives of banarsi dass in favour of the plaintiffs. therefore, the only point to be determined is whether from the conduct of the parties, ..... the finding of the courts below on issues nos. 5-a and 5-b was erroneous in law. the argument raised was that since the plaintiffs had accepted the rent from the defendants after the death of banarsi dass, a new tenancy came into being between them and the plaintiffs and, therefore, the latter were estopped from saying that .....

Dhian Singh and ors. Vs. Sheela Devi and ors.

Court : Punjab and Haryana

Reported in : (2008)149PLR801

..... (supra) is also not applicable to the facts of the present case as the same relates to delhi rent control act, 1958. in that case, it has been held that high court could examine the facts available in order to find out whether the ..... rent controller had correctly and on legal basis decided the case.35. in view of the above discussion, the question of law ..... did not agree to it and remained in possession as joint owners. they also inducted mehnga singh as their tenant at the rate of rent of rs. 800/- per year. they filed an application for ejectment of mehnga singh. it is further pleaded that defendant no. 3 ..... defendant no. 1 is bona fide purchaser for valuable consideration and without notice is protected under section 41 of the transfer of property act? opd7. whether the judgment in hand under challenge is result of misreading and mis-appreciation of the evidence in question? what is the .....

Shri Rajiv Sharma and anr. Vs. Shri Rajiv Gupta

Court : Delhi

Reported in : AIR2004Delhi248; 109(2004)DLT509; 2004(72)DRJ540

..... to rs. 3,217/- from august, 2000 only and not from 1.9.1999. it was further contended by mr. lonial that under section 6a of delhi rent control act, an increase of 10% in the rent is prospective in nature and not retrospective. it was contended before us that the notice sent by the appellants dated 4th december, 2002, thereforee, was not ..... cheque in the name of mr. mukat behari gupta.'' for the purpose of section 6a of the delhi rent control act, 1958 as amended, the aforesaid rate of rent (rs. 2200/- per month) can alone be taken into account as this is the only rate of rent stipulated in the registered lease deed. 3. that under the circumstances, my clients are at the ..... not be made with retrospective effect. such retrospective effect made the notice under section 6a and section 8 of the delhi rent control act, 1958 as amended, totally wrong, illegal, irreffective, invalid and incorrect. the remaining allegations are wrong and denied''. 10. in sum and substance case of the appellants and .....

Raj Rani Vs. Moolan Bai and ors.

Court : Delhi

Reported in : AIR1972Delhi236

..... there was any contractual tenancy between the landlord and chetan dass for there would have been no jurisdiction to pass a decree for eviction under the delhi rent control act unless chetan dass was merely a statutory tenant as opposed to a contractual tenant. the l.rs., of chetan dass could have put forward the ..... 22 of the civil procedure code was not applicable to the proceedings under the delhi rent control act, 1958 and since the rent controller had been given such powers under the civil procedure code as may be prescribed and rule 23 of the delhi rent control rules, 1959 having stated that the rent controller would be guided by the provisions of the civil procedure code as far as ..... repelled the contention that since an assignee was not a tenant no order for eviction could be passed against him under section 14(1)(b) of the delhi rent control act, 1958. bachwat, j., pointed out that since the tenant company had been dissolved and ceased to exist no one could be substituted in its place .....

Shri Brahmanand Kejriwal Vs. Kushal Kishore Aggarwal

Court : Delhi

Reported in : 2001IIAD(Delhi)810; 90(2001)DLT49; 2001(58)DRJ89

..... premises is admittedly more than rs.3,500/-pm and thus even if the agreement is described as lease, the appellant is not protected by the provisions of delhi rent control act. agreement in question initially was for a period of 5 years which was extended by another 5 years, which period came to an end by efflux of ..... has stated that the document ex.p-1 although titled as license deed but is a lease deed. he further stated that in order to avoid operation of delhi rent control act, this agreement was executed. regarding this document, this is what trial court observed: 'this document is on a stamp paper of re.2 running of three sheets ..... decree, learned additional district judge has decreed the suit of the plaintiff/respondent herein for possession of suit premises being property bearing no.16, najafgarh road, new delhi situated in najafgarh industrial area. further decree is passed in favor of respondent directing the defendant/appellant herein to pay mesne profit and damages at the rate of .....

Prem Parkash Kapoor and ors. Vs. Atma Ram Kirpa Ram

Court : Delhi

Reported in : AIR1976Delhi316; 1976RLR204

..... death merely a statutory tenant.7. this takes me to the consideration of the second contention raised by mr. ahmed. the definition of tenant as given in the delhi rent control act, 59 of 1958 prior to amendment was as follows:'2 (1) 'tenant' means any person by whom or on whose account or behalf the ..... where such decree or order for eviction is liable to be re-opened under the proviso to section 4 of the delhi rent control (amendment) ordinance, 1975; (b) any person to whom a license, as defined by section 52 of the indian easements act, 1882, has been granted. explanation i. - the order of succession in the event of the death of the ..... been conferred upon the legal representatives of the deceased statutory tenant are statutory rights conferred by section 3 of the ordinance by amendment of s. 2(1) of the rent control act and these rights have to be claimed or exercised only in accordance with the provisions oil law and subject to the conditions and restrictions contained therein. there is no .....

Nathu Khan and ors. Vs. Mohd. Ismail

Court : Delhi

Reported in : ILR1973Delhi667

..... eviction is filed in a civil court of general jurisdiction only but not when a petition for eviction is filed before the controller under the delhi rent (control act, 1958 when the jurisdiction of the controller is limited to a proceeding between a landlord and a tenant and because a petition based on title cannot be filed against ..... is not possible to decide this question on the wording of any statute. secondly, there is no decision of the supreme court deciding this precise question under the delhi rent control act, 1958. the decision of the supreme court in j. c. chatterjee v. sri kishan tandon 1972 sc 2526, holds that a legal representative can be brought ..... k. g. malhotra v. vijay kumar is this : on the one hand order xxii. rule 4 civil procedure code has been applied to the rent control proceedings by section 37(2) of the delhi rent control act, 1958. accordingly, on the death of the statutory tenant his legal representatives have to be brought on record even though they do not inherit .....

Reeta Sahney Vs. University of Delhi and ors.

Court : Delhi

Reported in : 2002IVAD(Delhi)432; 97(2002)DLT687

..... , my learned brother hon'ble vijender jain j. had occasion to consider the legal efficacy of such documentation in proceedings under section 14(1)(e) of the delhi rent control act. this provision of law enables only the owner of residential property and not its mere landlord to seek the eviction of the tenant for the owner's bona fide ..... word 'owner' has been accepted by hon'ble supreme court in smt. shanti sharma and ors. v. smt. ved parbha and ors., : [1987]3scr1075 . 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 owner. it is only used in ..... 's power as economic power and economic entrepreneur and allocator of economic benefits is subject to the limitations of fundamental rights, a private corporation under the functional control of the state engaged in an activity hazardous to the health and safety of the community, is imbued with public interest which the state ultimately purposes to .....