Court : Allahabad
Reported in : 1999(3)AWC2033
..... to the landlords, the said portion was earlier in occupation of rizwan ullah siddiqul as a tenant and that he had vacated the same and delivered possession to the landlords after paying rent upto may, 1998 and consequently, an intimation of vacancy, as required under the law, was given by the landlords to the district magistrate. ..... ullah who was earlier tenant of the disputed accommodation, filed an affidavit to depose that the disputed accommodation was never occupied by usman ganl khan and that after paying the rent upto march 1998, he (rlzan ullah) put the landlord-shambhoo chopra in peaceful possession of the accommodation in question. ..... the expressionimmediately before thecommencement of the uttar pradeshurban buildings [regulation ofletting, rent, and eviction)(amendment) act, 1976 has referenceto the occupation of the licensee orthe tenant, as the case may ..... landlord, it was alleged, refused to receive therent from the month of june 1998 and consequently, the petitioner was compelled to deposit the rent in court of civil judge (junior division) west. ..... has come on record that one rizwan ullah siddiqui was in occupation of the disputed accommodation and that he vacated the said accommodation after clearing the rent for the period up to may, 1998. ..... 100 per month was paid as rent but in course of lime, it came to be graduated to ..... writ petition under article 226 of the constitution of india is directed against the order dated 15.12.1998 passed by the rent control and eviction officer 1. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR39
..... the ground specified in clause (a) of sub-section (2), if the tenant, within thirty days of the service of the summons of proceedings on him pays or tenders to the landlord or deposits with the controller the arrears of rent due by him up to the date of such payment, tender or deposit together with the cost of application: provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such benefit once ..... give the tenant a registered notice calling upon him to pay the arrears and show that inspite of the receipt of such notice, the tenant has failed to pay the rent within thirty days of the receipt of the notice, under sub-section (4) of section 32, when the proceedings are pending before any of the authorities, a mere failure to pay the arrears ..... absurd result in reading section 32(4) grammatically, particularly, with reference to the object of controlling the eviction we have to read section 22(4) into section 32(4); and if so read the rent controller or the appellate authority or revisional authority as the case may be is bound to afford a reasonable time, after finding that the tenant was defaulting in making payment pendente lite ..... this case the tenant has not been given time to make deposit of the amount of arrears before passing of the impugned order by the rent controller in which case the rent controller has no power to stop the proceedings and direct the petitioner to put the landlord in possession of the building in view of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1986MhLJ882
..... extend to such areas as the provincial government amy, by notification direct provided of regulating the letting and subleting of any whether furnished ro unfurnished and whether with or without board and in particular- for controlling for rents for such accommodation either generally orwhen let to specified persons or class of person or in specified circumstances.for preventing the eviction of tenants of sub-tenants form such accommodation in specified cirumstances.for requring such accommodation to ..... institutino aforesaid or anyother person (herinafter referred to as the allottee') tobe inducted as a tenant in the house and direct the lanlord by written order (herinafter referred to asteallotment ofder') tolet the house to such allottee at such rent as shall be specifined in the allotment orderand todeliver possession of the house to the allottee onsuch date as shallbe specified in the said order.provided that beforemiking an allotment order infavour ofany authority or person other that the ..... premises urgantly for his genuine needs to a disa dvantage as he would always stand excluded form consideration because theletting of the houses has to be regulated through the agency of the collector provisions similar to the mysore house rent and accommodation control act (30 of 1951) to which we have referred requiring the consideration of the question of the suitability of the tenant after hearing the representations of the landlord regalated further by a right of appeal and access .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant34; ILR1977KAR1502; 1977(2)KarLJ427
..... in the order made under section 8 (4) of the act shall not be less than:(i) the fair rent, if any fixed for the building; or (ii) if any fair rent has not been fixed for the building, the rent last paid for the building; or (iii) if no rent was last paid, the rent determined by the controller on the basis of the rent value of the building as entered in the property tax assessment book of the local authority; or ..... a view to let out the first floor portion of the premises for non-residential purposes, she approached the house rent and accommodation controller, bangalore city (hereinafter referred to as the 'rent controller'), who is the 1st respondent in this writ petition, for permission to convert the said first floor portion ..... emerges from the scheme of the provisions of sections 4 and 8 and rule 3 is that the specification of the rent of the premises can be made by the rent controller only at the time of passing the order under sub-section (4) of section 8 of the act, and not ..... act provides that if after considering the causes if any, shown by the landlord or other person in possession of the building, the rent controller is satisfied that it is necessary or expedient so to do, he may, by an order in writing, direct the building to be leased to such public authority or other person specified in the notice under sub-section (1) of section 8 at such rent as shall be specified in such order and may make such further orders as appear to him to be necessary or expedient in connection .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All428
..... the third letter dated february 27, 1953, shows that the additional district magistrate (city), kanpur had informed the rent control and eviction officer that the premises would be vacant on march 1, 1953; it refers to the efforts on the part of the rent control and eviction officer to contact the landlord who incidentally was reported to be deaf and dumb but his representative had not yet met ..... to indicate this and it does not appear why the additional district magistrate (city), kanpur, was to decide the terms of tenancy when the allotment was made by the rent control and eviction officer who could be the best person to decide the terms of tenancy if this matter was at all to be decided by the ..... the original tenant continues to be his tenant and the landlord, therefore, cannot accept another person to whom the rent control and eviction officer allots the part of the accommodation, on being informed by the tenant that he does not want to use that portion ..... restored on his own and the cost of repairs could be adjusted towards the rent.on this report of the rent control and eviction officer, shri samiuddin, additional district magistrate (city), ordered the rent control and eviction officer to take necessary action and let him know at ..... counter affidavit that a notice was issued to the landlords on the 2nd of march, 1953, informing them to appear before the rent control and eviction officer on the 5th of march, 1953, to file objections, if any, against the allotment of premises no .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1363
..... 38312 of 1994 filed by landlords are allowed and the case is sent back to the rent control and eviction officer concerned with a direction to redetermine annual rent of the land after affording an opportunity to the parties to adduce evidence as observed above, at an early date. ..... since the opposite party had not led any evidence regarding market value of the land in question, the rent control and eviction officer had no material before him to decide value of land.12. ..... contested the above applicationmainly on the ground that there was agreed rent between the parties and therefore, section 29a (5) of the act was not applicable and the rate of market value as well as area under tenancy were highly exaggerated.3. ..... sub-section (4) further states that in the absence of agreement, the rent has to bedetermined in accordance with sub-section (5).when sub-section (5) of section 29a is considered, it confirms this conclusion. ..... it is also made clear that till the determination of annual rent by the rent control and eviction officer the state of u. p. ..... it confers powers on the district magistrate to determine the annual rent at the rate of ten per cent per annum or the prevailing market value of the land. ..... 13 of 1972) (hereinafter called the act), for determination of annual rent of the land over which government inter college (babu briridatan das pushpawati inter college, general ganj, mathura) was being run under the tenancy of state of u. p. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom203; 1970MhLJ975
..... by general or special order for regulating the letting or sub-letting of accommodation or class of accommodation, whether residential or non-residential, whether furnished or unfurnished and whether with or without board and in particular, for controlling the rents for such accommodation either generally or when let to specified persons or classes of persons or in specified circumstances; for preventing the eviction of tenants or sub-tenants from such accommodation in specified circumstances; for requiring such accommodation to be ..... direct, provide for regulating the letting and sub-letting of any accommodation or class of accommodation whether residential or non-residential, whether furnished or unfurnished and whether with or without board, and in particular- (a) for controlling the rents for such accommodation either generally or when let to specified persons or classes of persons or in specified circumstances; (b) for preventing the eviction of tenants or sub-tenants from such accommodation in specified circumstances; (c) for requiring such ..... are applicable occupies any other house of his own in the city or town concerned, or a portion of the house in respect of which permission is sought, is he debarred by the proviso to clause 13(3)(vi) of the rent control order to make 'an application for permission to give notice determining the lease of the tenant, even though the accommodation with him is unsuitable or inadequate and the landlord has a genuine need for the house in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1099
..... the allotment order is shown to be erroneous by the landlord or the description of the premises is shown to be erroneous or any other mistake had crept into the order of allotment, the rent controller is given the power to make appropriate orders in connection with the order already made so that the correction found necessary in the order are made, to avoid confusion or hardship to the landlord ..... to him to be necessary or expedient in connection therewith :provided that the rent specified in any such, order shall not be less than--(i) the fair rent, if any, fixed for the building ; or(ii) if any fair rent has not been fixed for the building, the rent last paid for the building ; or(iii) if no rent was last paid, the rent determined by the controller, on the basis of the rental value of the ..... the said order, the learned deputy commissioner held that upon the failure of shivaji rao to occupy the premises pursuant to the allotment order, the rent controller failed in his duty in not taking further proceedings to consider the applications of the other competing applicants, and in making an order permitting ..... '(underlining by us)the deputy commissioner has held that when shivaji rao in whose favour the allotment was made by the rent controller by an order dated 30-11-1981 failed to occupy the premises, it was obligatory on the part of the rent controller under section 8(4) to have considered the applications of remaining applicants and therefore, he could not have proceeded to make the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR3029
..... on the petitioner under sub-section (2) of section 10-a of the act and consequent to the failure of the petitioner to appear before the rent controller, or having appeared, the petitioner fails to satisfy the rent controller that the petitioner is entitled to remain in occupation of the building, the person against whom the order is likely to be passed by the rent controller as well as every person claiming under such person shall vacate the building and deliver possession thereof to the ..... in these circumstances, the question that arises for consideration in this petition is whether the impugned order passed by the rent controller vide annexure-a which was confirmed by the order of the deputy commissioner, mysore district, mysore, vide annexure-b deserve to be quashed ..... existence of vacancy and without verification in accordance with law after due issue of notice as contemplated and without going through the due process of law in evicting the alleged unauthorised occupant in one of the tenaments, the rent controller has proceeded to notify the alleged vacancy and allotted the premises to the 3rd respondent. ..... as regards the spot inspection stated to have been made by the rent controller, except for a passing reference to the alleged spot inspection, there is no other material on record to hold that such a spot inspection was made by the rent controller and before making the inspection, the rent controller had served due notice on the petitioner intimating the date and time of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP560
..... any fasli subsequent to fasli 1357 until the commencement of the fasli year in which the estate may be finally taken over by the state government and any interest payable on such rents under sub-section 6 shall be recovered by the state government as if such rents and interest were arrears of land revenue due to them; and the amount so recovered in respect of each fasli, after deducting therefrom the cost of such recovery as determined in accordance with ..... the purpose of that act and the officers concerned could not go on revising the rates.if effect were to be given to the argument advanced on behalf of the government, the revenue payable to government calculated on the basis of these rents and even the compensation computed in the light thereof are also not final and could be disturbed, which could not have been the intend-ment of this legislative measure.14. ..... -section 2, for any difference in the conditions prevailing in the village referred to in that proviso and in the principal village,determine (i) the extent, if any, to which the ratesof rent payable for each class of ryoti land in theprincipal village should in his opinion, be reduced,and (ii) the rates of rent payable for each suchclass of land after such reduction, xx xx xx(4) where the conditions in a group of two or more villages in an estate are generally similar, the special officer .....
Tag this Judgment!