Court : Allahabad
Reported in : AIR1959All580
..... in his counter affidavit the landlord alleges that no intimation of the vacancy had been given by the landlord or by the tenant to the rent control and eviction officer, and that the petitioner wrongly alleged in his application tor allotment that the tenant did not wish to continue as tenant ..... the evidence of the parties was closed on that date.it appears that on 7-9-1956 the rent control and eviction officer gave notice to the parties that he would make an inspection of the shop in dispute on 9-9-1956, in the morning ..... no copy of that application was sent with this direction or at any other time.on 15-5-56 the rent control and eviction officer sent a notice to the petitioner asking him to attend the office personally or through counsel on 26-5-1956 ..... ' presumably there is a practice to notify all vacancies on the notice board of the office of the rent control and eviction officer on the same date the petitioner made an applica-tion for allotment on the standard printed form ..... for the first time on 9-9-1956, the landlord submitted an application before the rent control and eviction officer alleging that the petitioner had another shop but had concealed this fact at the time of the ..... the landlord came to know of this fact, they made an application dated 5-5-1956, before the rent control and eviction officer giving the correct facts and stating that dr. ..... he learnt from this order that some one had informed the rent control and eviction officer that the petitioner had some other shop .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1671
..... it was further observed that if the agreement was prior to the allotment order, it would be still binding on both the landlord and the tenant and the rent would be payable in accordance therewith, if the contemplated tenancy later comes into existence ultimately by allotment order issued in accordance with the provisions of the act. ..... 'there can, be no quarrel with the observations made above and the law on the point is well-settled that the rent in respect of an accommodation governed by the act can be enhanced by mutual agreement and such enhancement is not prohibited by any provision under the act ..... reading of the preamble of the act would make it clear that the enactment came into existence to provide in the interest of the general public, for the regulation of letting and rent of, and the eviction of tenants from certain classes of buildings situated in urban areas, and for matters connected therewith. ..... to acute shortage of residential and non-residential buildings in urban areas, greedy landlords try to exploit tenants by making arbitrary increase in the rent and demanding exorbitant premium from the prospective tenants as consideration for admitting them into the building. ..... after considering the material brought on record and appraising the submissions made on behalf of the parties, the rent control and eviction officer came to the conclusion that a 'deemed vacancy' of the upper portion of the building in question in occupation of sanjeev kumar agarwal alias neelu-petitloner .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori173
..... 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, xx xx xx xx provided further that a landlord may apply to the controller for exemption from the provisions of clause (a) in respect of any house and if controller is satisfied: (i) that the ..... joint in mess with him, or for the occupation of any person or persons for whose benefit the house is held by him or,-- xx xx xx xx' subsequently, however, the orissa house rent control act (orissa act xi) of 1951 came into force which practically engrafted the very same provisions as embodied in orissa act v of ;1947 with some slight modifications which are not material for ..... of the time fixed in the agreement of the tenancy with the 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 or xx xx xx xx (iv) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim is not bona fide ..... the tenancy has been validly terminated under the provisions of the transfer of property act and must then, apply to the house rent controller under section 7 of the orissa house rent control act, for his eviction, and then again apply to the civil court, under section 13 of the act, for executing the order of the controller .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR1591; 1988(2)KarLJ8
..... who falls within the definition of clause (h) of s, 3 of the act is treated to be a landlord, then the whole object of the act would be frustrated in as much as under clause (h) a person who is for the time being receiving or entitled to receive rent in respect of any premises whether on his own account or on account, or on behalf, or for the benefit of any other person is also termed as landlord and by no stretch of imagination such a person can be held to claim the premises for his ..... or expressly or by implication binds him self to deliver possession of the mortgaged property to the mortgagee, and authorizes him to retain such possession until payment of the mortgage money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage money, the transaction is called an usufructuary mortgage ..... abdul alim air 1947 lah 40 (fb) the characteristics of usufructuary mortgagee are stated thus :'(1) that the possession of the mortgaged property is delivered or agreed to be delivered to the mortgagee (2) that he is to appropriate the rents and profits either: (a) in lieu of interest or (b) towards the principal or (c) partly in lieu of interest and partly in payment of the principal: (3) that in none of these cases the mortgagor incurs any personal liability to repay: (4) as the mortgagor does .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1215
..... has registered his name earlier shall be preferred to the person who has registered his name later :provided also that no person shall be entitled for priority in respect of any residential building, the monthly rent of which is less than ten per cent of his monthly income.explanation :-(1) in computing the income of the applicant, the income of all the members of the family shall be taken into account. ..... in these two writ appeals the following questions of law arise for consideration :(1) whether the registration under explanation (3) of sub-rule (15) of rule 4(b) of karnataka rent control rules, 1961 (rules for short) essential to claim allotment of residential house under any of the preferential categories?and(2) whether a person who has registered earlier is entitled to priority in the matter of preference for ..... and he is in occupation of the said house for the last more than 5 years, it is not expedient to disturb the order of the rent controller, though we strongly deprecate his perversity in making an allotment in contravention of the rules, saying that he was not bound by the rules in exercising his powers under section 8 of the act, when the section ..... him to be bound by the rules.9. in the result, we make the following :order(1) the writ appeals are allowed, and the order of the learned single judge is set aside and the order of the rent controller dated 29-6-1982 is allowed to remain undisturbed only in view of the subsequent event set out in paragraph 8 of this order .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR981
..... terms of the above said lease deed and according to section 17(1) of the karnataka rent control act, 1961 the petitioner is entitled whenever the rate of tax payable by him in respect of the schedule premises to the local authority is enhanced to claim such excess amount from the respondent/tenant in addition to the rent payable.at the time the respondent occupied the schedule house, and till the year 1978 ..... do not bring the case under section 14 of the act, therefore, what the respondent landlord wanted was to have the rent of the premises increased to the extent there was increase in the house tax. ..... the portion of the order which fixes the fair rent of the premises is also set aside and the petition filed by the respondent-landlord under section 17(2) of the act is remitted to the rent controller, mysore city, mysore with a direction to decide the same afresh, in accordance with law and in the light of ..... fixation of fair rent, it is submitted by sri manjappa, learned counsel that though the application is filed under section 17 of the act, what is determined is the fair rent and on the material on record the determination of fair rent is justified, therefore the order determining the fair rent does not call ..... the respondent filed an application under section 17(2) of the karnataka rent control act (hereinafter referred to as the act) before the house rent controller, mysore city praying that the dispute between him and the tenant regarding the increase of tax claimed under section .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR660; 1990(2)KarLJ332
..... therefore, it is, i allow this writ petition and quash the order passed by the deputy commissioner at annexure 'c' and that of the rent controller at annexure 'b', remit the case back to the rent controller for a denovo disposal in accordance with law in the light of the observations made herein particularly heeding the obvious deficiencies that are found to have affected the order made by him on the earlier occasion. ..... but the limited avenues it opens up for a person like the petitioner to complain of ah unjust order or inappropriate treatment meted out by the rent controller, is sought to be denied by the authority which under the law is created for the purpose of listening to the anguished voice of a landlord, then probably it becomes difficult to fathom the beneficial effect of the laws written into ..... it would appear that the landlord and there is no dispute about it, had along with others applies to the rent controller for allotment of the premises to himself inter alia objecting to the allotment to somebody else. ..... officer, proceeded to dispose off the appeal on the basis of the report which the rent controller is stated to have made to him in connection with the appeal memo submitted by the petitioner to the deputy commissioner. ..... the act provides only one appeal against: the order of the rent controller and that is to the deputy commissioner unless it be the party aggrieved can move this court under article 226 of the constitution. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2379; 1992(3)KarLJ24
..... constitution; that the learned single judge is not correct in proceeding on the basis that the burden was placed on the landlord to prove that the premises was not vacant; that the rent controller came to the conclusion that the premises was vacant on the basis of the enquiry made by him, learned counsel placed reliance on the provisions of sections 4 and 5 of the act.5. ..... as card boards and other articles kept in the premises, that the rent controller was of the view that the presence of simon and painting articles were stage managed and that ..... after obtaining possession of the premises the landlord did not occupy and he allowed it to remain vacant; that the rent controller made a local inspection on 2-1-1990, and found the premises locked; that he also enquired the neighbours and learnt that the premises was vacant; that on a second inspection the rent controller found one simon working as a painter in the schedule premises and he also noticed certain painting materials, such ..... dispute, and no material is brought to our notice, nor was it brought to the notice of the learned single judge, that the evidence collected by the rent controller behind the back of the landlord was put to the landlord during the course of enquiry which is quasi-judicial. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3127; 1995(6)KarLJ425
..... the decision of the learned single judge in messrs kwality restaurant is obviously on the basis that the tenant was not in occupation of premises on allotment by the rent controller and read accordingly, it is obvious that the decision of kwality restaurant was not contrary to the earlier decision of this court.the decision of the learned single judge was challenged in appeal preferred before the ..... the decisions recorded by this court clearly sets out that section 21 -a of the act operates only in cases where the tenanted premises are occupied on allotment by the controller and only the rent controller has jurisdiction and power to evict the tenant provided the ingredients of section 21 -a of the act are satisfied.6. ..... in normal course we would have set aside the order and remitted the proceedings back to the rent controller for fresh disposal but such course is not required in view of the fact that the counsel for the appellant stated that during the pendency of this appeal the respondents have handed ..... grievance of the appellant is that the learned single judge in the case of kwality restaurant took a contrary view holding that the rent controller had no jurisdiction to entertain the application filed by the landlord under section 21-a of the act. ..... consequence of not vacating the premises creates a right in the landlord to file application under sub-section (1)(b) and confers power on the rent controller to hold summary enquiry and pass order of eviction under sub-section (1)(c). .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC778
..... in the interest of justice and the petitioner tenant may not be prejudiced, this court is of the opinion that the rent control and eviction officer be directed to determine the vacancy afresh after obtaining the report of rent control inspector, in accordance with law complying with the provisions of rule 8(2) of the rules. ..... application for allotment having been filed before the concerned authority, the concerned rent control and eviction officer directed rent control inspector to submit his inspection report, as required under rule 8 of the rules framed under the ..... the above facts are borne out from the order dated 19.5.2000, whereby the rent control and eviction officer has allowed the release application in favour of the landlord, a copy of the said order has been filed as ..... 4 and 5 who are represented through their counsel, the rent control and eviction officer shall direct rent control inspector to inspect the premises in question, or he himself may inspect the premises, if deemed appropriate on 8.2.2002 and the aforementioned concerned parties shall obtain requisite information from the office of rent control and eviction officer in this respect to ascertain time ..... said objection, tenant occupant confined himself by raising objection to the effect that no notice was given to him, before the inspector went for spot inspection and that the inspection was done by the rent control inspector in collusion with the prospective allottee, who happened to be a puppet of the landlord. .....
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