Court : Allahabad
Reported in : 2005(4)AWC3331
..... learned counsel for the petitioner further relied upon the explanation (b), referred to above, and submitted that the rent control and eviction officer has not recorded any finding that two sons, who are said to have been living in two different houses, have already shifted in the year 1991 and 1997, respectively, ..... on the other hand, learned counsel appearing on behalf of the respondent-landlord submitted that the rent control and eviction officer has dealt with the case of each sons of the tenant and since all the sons and the petitioner have jointly inherited the tenancy after the death of husband of ..... on the basis of the materials on record and the pleadings of the parties, the rent control and eviction officer by the order impugned in the present writ petition has declared the vacancy in the accommodation in question under section 12(3) of the act and directed the matter to proceed in accordance with law ..... shanti devi, by means of present writ petition under article 226 of the constitution of india, challenges the order dated 22nd october, 2002, passed by the city magistrate/rent control and eviction officer, copy whereof is annexed as annexure-'ix' to the writ petition.2. ..... the only point argued by learned counsel appearing on behalf of the petitioner-tenant is that section 12 (3), read with explanation (a) and (b), which is reproduced below, clearly demonstrates that the view taken by the rent control and eviction officer cannot be sustained under law.'12. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad608
..... 'this was replied to by the petitioner through his lawyer drawing the attention of the rent controller to the fact that the petitioner's letter dated 23-4-1950 was not really required and that tha direction to vacate the house was illegal. ..... the counter-affidavit to the writ petition lias been sworn to by the rent controller himself and in this he has stated that he was justified in ignoring the order passed under section 7(3) because the petition for eviction was filed within three months of the registration of the usufructuary mortgage ..... in this letter or memorandum the officer stated referring to the rent control proceeding which had been ordered on 23-2-1956 :'no orders were passed to deliver possession of the house to the petitioner .. ,. . ..... even if a tenant were entitled to impeach that adjudication it would certainly not be open to the court which passed it to treat that proceeding as, null and that order as non est.the rent controller -- tribunal is certainly not a parly to the proceeding. ..... in his second order, however, that dated 12-5-56, the rent controller assigned as the reason that the order dated 2&2-56 did not ..... the legality of the order of that house rent controller, coimbatore, directing' the petitioner to vacate the, premises of which he has been in occupation as a usufructuary mortgagee is the subject matter of this writ petition.2 ..... i am clearly of the opinion that the,rent controller, had no jurisdiction to pass the orders directing the petitioner to vacate hishouse .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All57
..... assuming, though without deciding, that the powers conferred upon commissioners and the state government by the provisions of section 7-a (4) and section 7-f do not include the power of suspending the operation of the impugned orders of rent control and eviction officers during the pendency of revision applications, i do not consider that the lack of power at all affects the question whether the remedy of applying for revision is adequate remedy or not. ..... it is well known that applications for revision are made not only under the rent control and eviction act but also under the code of criminal procedure and under the code of civil procedure though none of them confers a right to apply for revision. ..... 2 who will be referred to as 'the opposite party', a notice issued by the rent control and eviction officer under section 7-a (1) of the (temporary) control of rent and eviction act calling upon the petitioner to vacate the accommodation within a certain time and an order passed by him under section 7-a (2) rejecting his reply to the notice and calling upon him to vacate within ..... the petitioner filed a petition for certiorari for the quashing of an order passed by a rent control and eviction officer (opposite party no. ..... it is not for a litigant aggrieved by an order of a rent control and eviction officer to assume that the commissioner or the state government will not entertain his revision application or will not grant him any relief in his or its discretion even though he makes out .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All433
..... if an accommodation falls vacant and neither the landlord nor the tenant informs the authorities, but the tenancy is filled up by a private unauthorised arrangement, the rent control and eviction officer has the power to initiate the proceedings under section 7-a against the unauthorised occupants. ..... this is a petition under article 226 of the constitution impugning the legality of an order of the rent control and eviction officer, morada-bad, dated 28th july, 1956, directing the petitioner to vacate a particular shop in moradabad or in default, directing his eviction by the use of police force ..... he pointed out that on 27th june, 1956, he (balbir) made an application before the rent control and eviction officer moradabad complaining that roop kishore, the petitioner in this petition, had illegally occuoied ..... by his order dated 28th july, 1956, the rent control and eviction officer declared the petitioner an illegal occupant and directed him to vacate the shop, or in default directed his eviction by the use of ..... present case the vacancy has been duly reported by the landlord to the rent control and eviction officer. ..... in this situation too the rent control and eviction officer has been given the power to turn out the unauthorised occupier and put the allottee ..... aggrieved by the order of the rent control and eviction officer the petitioner has filed the present ..... control of rent and eviction act ..... the rent control and eviction officer served a notice on the petitioner under section 7-a of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All438
..... the learned counsel placed before us the relevant provision of section 34 of the bombay rents hotel and lodging house rates control act which was the subject-matter of consideration by the supreme court in ..... the result is that this petition is allowed, the impugned order of the rent control and eviction officer dated 22nd december 1970 and all other consequential directions in pursuance thereof, ..... filed this petition under article 226 of the constitution seeking the quashing of the order passed by the rent control and eviction officer and for other necessary directions. ..... this objection did not prevail.the rent control and eviction officer directed the petitioners as landlords to restore the water connection within specified time or face penal action as enjoined by the provisions ..... urban buildings (regulation of letting, rent and eviction) act 1972, which make a landlord responsible for cutting off any amenity or depriving the tenants of any amenity which is caused as a result of any act of another person though actually the ..... (temporary) control of rent and eviction act 1947, opens in its first sub-section with the sentence--'no landlord shall without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenants ..... (temporary) control of rent and eviction act, being penal in nature, are to be strictly construed and their scope could not be extended by interpretation and the cutting off of water connection could not be said to be an act of the petitioner as he .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1103
..... the language implied in section 15 of the act clearly shows that unless delay is specifically condoned by the district magistrate considering the fact in their entirety justifying the declaration of vacancy, the district magistrate/delegated authority (rent control and eviction officer) will not be entitled to assume jurisdiction to take cognizance of such an intimation. ..... district judge, kanpur nagar and others, decided on 23.1.2002, the rent control and eviction officer concerned shall proceed with the allotment and ignore release application being filed by the landlord under section 16 of the act on the same analogy on which tenant petitioner has been ..... however, this interpretation of section 15 of the act does not in any manner affect the jurisdiction of the district magistrate/delegated authority to declare vacancy, if such a vacancy is declared by the rent control and eviction officer in accordance with law otherwise. ..... 2 appears to have filed an application before the delegated authority/rent control and eviction officer under section 15 of the act in discharge of his obligation to intimate the vacancy. 5. ..... the petitioner further contends that erstwhile owner vipin prakash agarwal continuously accepted the rent, but the subsequent purchaser (present landlord respondent no. ..... 13 of 1972 to indicate as to whether court had decided the matter after hearing the concerned parties taking in view that the landlord had refused to accept rent without lawful excuse.4. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1153
..... as far as the petitioner's prayer for restoration of attached rooms is concerned, for that matter the petitioner may apply before the rent control and eviction officer and if such an application is moved, the same shall be disposed of in accordance with law expeditiously preferably within a period of two weeks before proceeding further in ..... in the present case, a bare perusal of the impugned order would indicate that the rent control and eviction officer has concluded that the building in question was vacant under the provisions of section 12 (4) of the act without recording any specific finding whether the tenant's case was ..... to the petitioner madan mohan and the same is said to have been served sufficiently upon him and when no objection was received, the rent control and eviction officer by the impugned order declared the accommodation vacant.6. ..... that even an order of allotment was made in his favour by the rent control and eviction officer whose copy has been annexed as annexure-1. ..... in the circumstances of the case, it is further directed that the rent control and eviction officer shall decide the question of vacancy afresh in accordance with law and in the light of observations made above expeditiously preferably within a period of two months from ..... it is well-settled law that the rent control and eviction officer gets jurisdiction to make an order of allotment or release only when there is a vacancy either actual or expected or there is a deemed vacancy within the meaning .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2230
..... 'an act 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'. ..... the premises in dispute could be released by the district magistrate/rent control and eviction officer only if the landlord bona fide requires the same. ..... the other is a copy of the order passed by the rent control and eviction officer on 16thjuly, 1970 regularising his tenancy. ..... it would be futile to quash the order of the rent control and eviction officer and send the matter back for decision. ..... can the district magistrate/rent control and eviction officer hold otherwise? ..... in the present case, the rent control and eviction officer has not applied his mind to this question. ..... (temporary) control of rent and eviction act. ..... the rent control and eviction officer in his order dated 28.6.1996 has held that no one has filed any document or evidence to show that sub-tenant was in possession from what date and under which order. ..... the rent control and eviction officer by his order dated 28.6.1996 has held that the premises in dispute has been legally released in favour of the chief tenant by the order dated 26.2.1979 in proceedings started by him under ..... rent control and eviction officer, 1976 (2) alr 76.10. ..... rent and eviction) act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2350
..... find 'that the learned single judge by means of the impugned judgment and order dated 29.2.2000 required the present petitioner to file objection (within ten days of the said order dated 29.2.2000) before rent control and eviction officer against the order dated 14.12.1999, declaring vacancy and order dated 5.12.1999, releasing the accommodation in question and decide the matter after giving an opportunity of hearing being afforded to ..... , which was disposed of finally by the learned single judge with the observations that petitioner-tenant be given an opportunity to file objection and in case such an objection is filed, the rent control and eviction officer shall pass reasoned order after considering the objection of the petitioner within one month from the date of receiving the objection ; copy of the high court order dated ..... rendered by this court in the case of jagdish (supra), the impugned order dated 19.11.2001 (annexure-12 to the writ petition) passed by the rent control and eviction officer/ respondent no. ..... present petition praying for issuance of a writ in the nature of cer-tiorari quashing the impugned order dated 19.11.2001 (annexure-12 to the writ petition) passed by the rent control and eviction officer. ..... buildings (regulation of letting, rent and eviction) act, ..... the concerned rent control and eviction officer/delegated authority is directed to notify and publish the vacancy in accordance with relevant act/rules and judgment of this cqurt, and pass order of allotment .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC161
..... this writ petition, the petitioner has challenged the order dated 25.8.1998 passed by the rent control and eviction officer 1st, allahabad, whereby the accommodation in question has been declared ..... provided the petitioner files an undertaking within a period of three weeks from today before the rent control and eviction officer to the effect that he shall vacate the accommodation in question on or before 31.12.1998 and handover its vacant possession to the person in whose favour final order of release/allotment is made ..... the petitioner may be carrying on business from part of the accommodation but it is only the dominant purpose which is to be seen and as per the finding of the rent control and eviction officer, the dominant purpose of the accommodation has been residential. ..... counsel or any other document was filed before the rent control and eviction officer in support of the said ..... a perusal of the impugned order would indicate that the rent control and eviction officer under the deeming provision of section 12 (3) ..... however, the tenant-petitioner asserted before the rent control and eviction officer that section 12 (3) has no application since the tenanted accommodation is not a residential building and was being used by the ..... while arriving at the said finding, the rent control and eviction officer has taken into consideration various circumstances and evidence including an important piece of evidence which is in the form of the own admission of the petitioner which he had made .....
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