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Judgment Search Results Home > Cases Phrase: delhi urban areas tenants relief act 1961 Sorted by: old Page 1 of about 12,309 results (0.267 seconds)

Apr 05 1972 (HC)

Daryodh Singh Vs. Union of India and ors.

Court : Delhi

Reported in : AIR1973Delhi58; 9(1973)DLT28

..... the delhi (urban areas) tenants' relief act, 1961 having come into force with effect from december 4, 1961 the appellant could not be ejected from the land which was held by him as a tenant on the basis of the decree which the owners of the land had obtained from the court of assistant collector, first grade delhi, on july 30, 1959. ..... before that dale the delhi (urban areas) tenant's relief act, 1961 had already come into force. ..... the contract as well did not contravene any of the provisions of delhi (urban areas) tenants relief act, 1961 or any other law. ..... the dismissal of the application filed by landlord owners for execution of the ejectment decree, on account of the provisions of the subsequently enacted delhi (urban areas) tenants' relief act, 1961, was found to be of no consequence. ..... the learned counsel for the appellant that under clause 6 of the compromise the appellant had only relinquished his rights to receive compensation in respect of the tenancy rights as they existed under the punjab tenancy act on the dale of execution of the compromise and that there was no relinquishment of the compensation that may become payable in respect of the rights of tenancy as safeguarded by the delhi (urban areas) tenant's relief act, 1961. ..... another contention which was raised was that the appellant had acquired new rights in the land as a result of coming into force, with effect from december,4 1961 of the delhi (urban areas) tenants relief act, 1961 (no. .....

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Feb 07 1975 (HC)

Delhi Simla Catholic Archdiocese Vs. State of Uttar Pradesh and ors.

Court : Delhi

Reported in : AIR1976Delhi251

..... the expression 'tenant' as has been defined in the delhi (urban areas) tenants relief act, 1961 would have the same meaning assigned to it in relation to areas to which the punjab tenancy act applied as provided in that act and in relation to the areas to which agra tenancy act applied as provided in that act. ..... the petitioner gave a notice through their counsel claiming rights as tenant under the delhi (urban areas) tenants relief act, 1961 and the punjab tenancy act, 1887.as soon as the respondent no. ..... if the land was in the municipal area then the delhi (urban areas) tenants relief act of 1961 would apply and even then he could not be evicted. ..... if the land in question falls within the municipal limits of delhi the provisions of the delhi (urban areas) tenants relief act, 1961 would apply. ..... the delhi (urban areas) tenants relief act, 1961 provides for eviction of a tenant only on the special grounds specified in section 3; none of those grounds are present in this case.8. ..... it was contended that section 3 of the government grants act applied and that the same would take effect according to its tenor in spite of any law enacted to the contrary, namely, the delhi (urban areas) tenants relief act (which applies to the municipal area) or any other enactment would in no way make the conditions of the grant invalid.3. .....

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Aug 25 1977 (HC)

Hanuman Pershad Etc. Vs. Chuni Alias Chuni Lal and ors.

Court : Delhi

Reported in : 13(1977)DLT226

..... furthermore the tenure of shri chuni stood protected by virtue of the delhi urban areas (tenant relief) act, 1961 and but for the intervention of the notification acquiring the land he may well have continued to cultivate it all through his life. ..... keeping in view the average income of the produce from the land, the annual rent paid by shri chuni to shri hanuman pershad and his sons as well as the nature of shri chuni's tenancy in view of the delhi urban areas (tenant relief) act, 1961, shri chuni was entitled to 80 per cent of the compensation.(5) mr. ..... the statutory tenant thus created by the delhi urban areas (tenant relief) act, 1961 has a better tenure than a tenant at will or a mere non-occupancy tenant. ..... we are concerned with a statutory tenant as envisaged by the delhi urban areas (tenant relief) act, 1961. ..... dalal, learned counsel for shri chuni, on the other hand, contended that by virtue of the provisions of delhi urban areas (tenant relief) act, 1961. ..... 'under this act urban agricultural land was covered and tenants of such land were given protection against eviction in the same manner as tenants of buildings in urban areas were given protection by the rent control legislation. ..... by the impugned order dated april 12, 1965 an additional district judge, delhi, held that shri chuni, the tenant, was entitled to 80 per cent of the compensation while shri hanuman pershad and his sons were entitled to only 20 per cent. .....

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Nov 21 1980 (HC)

Harkishan and ors. Vs. Delhi Simla Catholic Archdiocese

Court : Delhi

Reported in : 19(1981)DLT138

..... tenant did not have occupancy rights but was protected under the delhi (urban areas) tenants' relief act 1961 ..... nature of the interest involved, or for some other reason, it may not bepossible to value both the individual interests but only one, that is, either of the landlord or the tenant; in that situation the method often adopted is to pay the ascertained amount to the party the value of whose interest is determinable, and give the balance of the compesation to the other. ..... ejectment with any certainty- (56) another way in which the tenancy may come to an end is by 'abandonment' this occurs under section 38 on the concurrence of two events : the tenant must fail to cultivate the land for more than one year, without sufficient cause, and must also fail to arrange for payment of rent as it falls due. ..... technical doctrine of english law was not apposite or useful when applied to indian conditions' and that 'whatis necessary to be proved is that the usage has been acted lupon in practice for such a long period and with such invariability as to show that it has, by common consent, been submitted to as the established governing rule ..... owned a vast area of land in bahapor, which is a village situated within the district of delhi a little ..... as a building site is by the tenant and the landlord acting in unison. ..... that the tenants had rights of occupancy under section 6 of the punjab tenancy act 1887. ..... delhi simla catholic archdiocese is a society registered under the societies registration act .....

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Mar 20 1981 (HC)

Commissioner of Income-tax, Delhi Vs. Nav Bharat Nirman (P.) Ltd.

Court : Delhi

Reported in : [1983]141ITR723(Delhi)

..... before the tribunal on behalf of the two parties and after discussing these decisions in detail and after referring to the provisions of the delhi (urban areas) tenants' relief act, 1961, the tribunal came to the conclusion that a liability on the part of the assessed to meet the expenses of eviction had accrued during ..... obligation to evict the tenants but that the tenants were entitled to the protection of the delhi (urban area) tenants relief act, 1961, and that, thereforee, the assessed was entitled to deduct the estimated compensation payable to the tenants. ..... 3 of the delhi (urban areas) tenants relief act, 1961, were fulfillled or by giving the tenants other lands available with the company for cultivation ..... delhi tenants' relief act was assented to on the august 28, 1961 ..... of the agreement as well as a realistic assessment of the legal position in the legal position in the light of the delhi tenants' relief act there is absolutely no doubt that the assessed must have to incur substantial expenditure to evict the tenants from the land. ..... that the tenants had valuable rights under the tenants relief act and it was inconceivable that the tenants would vacate the ..... his part of the above-mentioned agreed terms within a limit of 3 years then in that case the 2nd party will be entitled to do all such necessary acts, deeds and things for the eviction of the said tenants and persons and the second party will be lawfully entitled to spend all amounts out of the said retained amount of rs. .....

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Jan 23 1985 (HC)

Ram Singh Vs. Attar Singh

Court : Delhi

Reported in : 27(1985)DLT226

..... basis of allegations in the plaint, khasra girdawaris for the period ending october 1983, admission of the defendants that samman and hetu were joint non-occupancy tenants of the land, the fact that possession of samman and hetu and their heirs as tenants as protected under the delhi (urban areas) tenants' relief act, 1961, the claim of adverse possession by defendants without any material on record so far, has bona fide raised a substantial question of his rights in the land to be investigated ..... after their deaths, plaintiff and defendants must be presumed to have inherited the tenancy rights and their rights an joint tenants are protected under the delhi (urban areas) tenants relief act, 1961. ..... even the landholder cannot dispossess them except on the grounds mentioned in section 3 of the delhi (urban areas) tenants relief act, 1961. ..... section 33 of the act provides for maintenance of annual records, 5ection 34 of the act provides that any person acquiring by inheritance, purchase, mortgage, gift or otherwise any right in an estate as a land owner, assignee of land revenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate ..... sections 34 and 35 of the act are as under : '34(1) any person acquiring, by inheritance, purchase or mortgage gift or otherwise, any right in an estate as a land-owner, assignee of land-revenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate .....

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Oct 22 2013 (HC)

Rameshwar Singh Yadav Vs. Raunak Singh and ors.

Court : Delhi

..... the other amendment sought by the petitioner in his written statement was that the subject matter of the suit property lies within the urban area of delhi, hence the provisions of delhi urban areas tenant relief act, 1961 are applicable. ..... i have no knowledge whether the government has published the circle rates for the sale of the lands in this area and with regard to the cost of construction for the purpose of sale of the superstructure have been published by the govt ..... ii) the petitioner himself has admitted the relation between the landlord and tenant in evidence which is apparently more truthful as per the case of the petitioner as alleged than the statement made by the panda by way of affidavit ..... forming part of khasra no.400/7 in the abadi of ranjeet nagar, village shadipur, delhi that was let out for a period of twenty years commencing from 21st november, 1962 on a rent of rs.28/- p.m. to ..... by virtue of the said notice, the petitioner/tenant was also called upon to remove the entire structure existing on the abovesaid plot and to hand over the vacant possession of the same ..... singh) by notice dated 11th january, 1983 terminated the lease of the plot though it had expired by efflux of time on 20th november, 1982 as the tenant continued to hold over the same. ..... sd/(harun pratap) civil judge-7/north/thc/delhi 31.01.2013 v) in case wishful thinking of the petitioner is considered then the case of the respondent who has filed the suit for possession of the property would be prejudiced .....

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Dec 13 1971 (HC)

Lala Devi Singh and ors. Vs. Bhagwan Dass Badlu and ors.

Court : Delhi

Reported in : AIR1972Delhi175

..... act of 1987 on which the learned counsel for the appellants relies has been repealed in its application to delhi and the rights claimed by the respondent may be available to him under the delhi land reforms act or delhi urban areas tenants relief act 30 of 1961 ..... case as to what was the intention of the parties on the execution of the mortgage whether a lessee upon obtaining a usufructuary mortgage has not surrendered his right as a tenant irrevocably, and the parties have agreed to allow them to subject and revive on the redemption of the mortgage and no hard and fast rule can be laid as a matter of law. 15 ..... this suit was filed on the 4th of september, 1961 and was dismissed by the trial court on the finding that the plaintiff respondent was the non-occupancy tenant who had impliedly surrendered his tenancy rights upon the mortgage resulting in merger of the assets and extinguishment of his rights as a tenant and on appeal the lower appellate court came to concrete ..... lower appellate court and have urged that the suit of the plaintiff-respondent was barred by rest judicata and the plea of tenant ought not to have raised as a defense in the suit for a redemption and secondly the civil court had no jurisdiction by virtue of section 17(d) of the punjab tenancy act to record a finding that the plaintiff-respondent was an occupancy tenant. ..... of the respondent as a tenant has not been extinguished by merger as provided by clause (d) of section 111 of the transfer of property act.7. .....

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Aug 23 1972 (HC)

Amrit Lal Sehgal Vs. Mamleshwar Prasad and ors.

Court : Delhi

Reported in : AIR1973Delhi75; ILR1973Delhi43

..... tenant had given up his rights to compensation and was not entitled to have anything more than the price of the fruit bearing and flower trees.in our opinion, no advantage can, thereforee, be taken, by the appellant from the fact that in consequence of the delhi (urban area) tenants relief act of 1961 certain additional safeguards came to be provided to persons holding any land as a tenant in the areas to which that act ..... of the delhi land (urban areas) tenants relief act (act 30 of 1961) a security of tenure or a status of irremovability had been conferred on the tenants in delhi and as a result thereof the tenant was no longer governed by the terms of the lease deed and the appellants was entitled to claim the protection of the said act. ..... july 7, 1955 sro 1535) in exercise of the powers conferred by subsection (1) of section 12 of act the central government acquired all evacuee properties consisting of agricultural land and crops (including gardens) in thereon urban areas in the state of delhi except properties falling under certain categories which were specified in the schedule to the said notification. ..... substance for the simple reason that the sardarakhti rights were sold to the appellant on november 19, 1958, while the land was acquired by the government on january 7, 1961 when notification under section 4 of the land acquisition act was issued and, thereforee, on that date the government had necessarily to acquire the land as a whole including the sardarkhti rights.11. .....

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Mar 24 1965 (SC)

Bishan Paul Vs. Mothu Ram

Court : Supreme Court of India

Reported in : AIR1965SC1994

..... the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable: provided that if the tenant on the first hearing of the application for ejectment after due service pays or lenders the arrears of rent and interest at six per cent per annum on such arrears together with the cost of application ..... case the tenant had admittedly not paid rent as required by section 13 (2) of the east punjab urban rent restriction act as applied ..... the title is of course important in view of the provisions of section 29 of the displaced persons (compensation and rehabilitation) act, 1954, because the tenant is deemed to be a tenant of the transferee from that date and there is a protection to the tenant from ejectment for two years. ..... 1956 they made an application to the chief settlement commissioner, as persons protected under section 29 of the displaced persons (compensation and rehabilitation) act, for protection for 2 years and for allotment of the property to them as the price was below rs. ..... the appellant asked for relief against forfeiture but it was rejected in view of the ruling of the punjab ..... by the judgment under appeal dated april 10, 1961 dismissed a revision petition filed by the appellant against the order of the appellate authority confirming the order of eviction passed against the appellant by the rent controller, ludhiana, under section 13 of the east punjab urban rent restriction act 1949.2. .....

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