Court : Allahabad
Reported in : 2005(2)AWC2043
..... after considering the respective pleadings and evidence on the record the rent control and eviction officer came to the conclusion that the petitioner has failed to demonstrate that he is in occupation of the shop in question before ..... writ petition, under article 226 of the constitution of india by the petitioner who claims himself to be tenant of the accommodation in question which is a shop, challenges the order passed by the rent control and eviction officer, kanpur nagar, dated 2nd february, 2005.2. ..... the documents that were filed have been considered by the rent control and eviction officer who has found that those documents appear to have been prepared for the purposes of the present ..... the petitioner further submitted that on application of the landlord the rent control inspector has visited the shop in question in the absence of the petitioner and submitted some sort of inspection report without either inspecting the shop and also without any information to the ..... for the petitioner has submitted that there was abundance of evidence which demonstrate that the petitioner-tenant is in occupation of the shop in question since before 1976 and the findings arrived at by the rent control and eviction officer to the contrary is perverse finding. ..... , and considering the fact that the facts of the present case are quite different from that of the facts of jagdish's case (supra), i do not find any error in the order passed by the rent control and eviction officer declaring the vacancy.8. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1981Kant162; 1981(1)KarLJ333
..... ' it is also not considered by the deputy commissioner for he has not advanced any reasons why, in me circumstances, the allotment should be upheld 3.section 8 (3) of the rent control act stated :in considering the causes if any shown by the landlord or other person in possession , the controller shall , in case the premises to be leased is a part of the building , give due regard to the customs, ..... of these the order of the hours rent controller should be upheld and appeal dismissed so, the deputy commissioner simply, says that it was not raised before the rent controller at all is not true . ..... the grievance of the writ petitioner is that the rent controller in allotting the premises in favour of respondent ..... hence, both the orders of the rent controller as well as the deputy commissioner produced at annexure 'a' and 'b' are ..... a copy of the application writ to the rent controller it produced in this writ petition, at annex-c and the writ petition has sworn ..... on going through the order of the rent controller, i find that there is absolutely no reference made to the objections raised by the tenant and the deputy commissioner in the course of his order has observed thus :'that her client is a non- vegetarian , it is ..... the tenant occupying the adjacent premises, that the premises should be allotted only to a vegetarian as he is a strict vegetarian and that it would -offend .his feelings ff the same is allotted to a non-vegetarian *to quash order of house rent and accommodation controller. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3249
..... eviction in accordance with the provisions of section 21 of the act, respondent-3 was adopting short cut methods to some how oust him from the premises and in furtherance of his intention allegedly initiated the rent controller that the petitioner is an unauthorised occupant of the premises. ..... in response to the notice issued by the rent controller the petitioner appeared before the rent controller and urged that he is not an unauthorised occupant, and, in any event, since he has been in occupation of the premises from the year 1976 and has sought for regularisation of his occupancy by ..... in the circumstances it was contended that the rent controller was not justified in dropping the proceedings ..... is directed against the order passed by respondent-2 holding the petitioner to be an unauthorised occupant of the premises in question and directing his eviction therefrom under section 10-a of the karnataka rent control act, 1961 (the act).2. ..... is denied and there is nothing to show that any such intimation was ever given by respondeat-3, it transpires that on the report of the revenue inspector the rent controller initiated proceedings in h.r.c. ..... the rent controller shall call upon the landlord or any person who may be in possession of the building to show cause against ordering allotment of the premises to a public ..... 40 the rent controller dropped the proceedings holding that since the petitioner has been in occupation of the premises for five years, it will cause harassment to him .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All118
..... were the relative needs of the petitioner, and respondent 2, in the second place rule 7 provides that where a portion of an accommodation falls vacant and the owner is in occupation of another portion, the rent control officer must before making an allotment order, 'consult the owner and shall, so far as possible make the allotment in accordance with the wishes of the owner. ..... succeeds, and we quash the order of allotment in favour of respondent 2 dated 24-3-1953, and direct that fee rent control and eviction officer make a fresh allotment of the premises in dispute after complying with the act and the rules ..... those cases in which an owner has, in effect, to share his house with a tenant of whom for some reason he may disapprove; and that when the rule provides that the rent control officer shall 'consult the owner' it means that the owner has to be consulted as to the suitability of the proposed tenant. ..... petitioner had, prior to this date, written several letters to the rent control officer asking that the disputed accommodation be allotted to him, but on 21-3-1953, that is three days before the allotment order was made, he wrote a further letter to the rent control officer saying that he had no objection if the premises were ..... trilochan pandit singh ji.the learned standing counsel, who appears for the rent control and eviction officer, has argued that as at the time of making the allotment order respondent 1 had before him this letter of the petitioner dated the 21st march, he was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All126
..... learned counsel for the applicant has raised two points: firstly, that the rent control and eviction act could not apply to the ground-floor as the portion was not vacant, the applicant having taken possession of it in execution of the decree. ..... after the ejectment of ram autar, the groundfloor became vacant and it could be allotted to a tenant under the rent control and eviction act. ..... the house was rented out in two portions, the ground-floor being in the occupation of one ram autar and the upper portion being in the occupation of another tenant. ..... (temporary) control of rent and eviction act is as follows: 'where a portion of accommodation falls vacant and the owner is in occupation of another portion thereof, the district magistrate shall before making the allotment order, consult the owner and shall, so ..... (temporary) control of rent and eviction act. ..... temporary control of rent and eviction act the town rationing officer was bound to take the wishes of the landlord into consideration. 3. ..... temporary control of rent and eviction act, 1947, and obtained a decree. ..... the rent control officer', air 1904 all 6 (b), deal with the question as to when a house should be deemed to be vacant and are distinguishable. ..... rent control officer', : air1953all543 and -- 'chandra bhan v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All377
..... the only contention advanced in this court is that the order of allotment in favour of the fourth respondent is invalid as the rent control and eviction officer must make an allotment order within thirty days of the receipt of a notice by the landlord that the premises have fallen vacant, and that at the ..... 19th october, the appellant informed the rent control and eviction officer that the premises had fallen vacant, and at the same time he asked that they be released in his favour as they were needed by him for his personal occupation.on the 31st october the appellant appeared before the rent control and eviction officer and his statement ..... the purposes of the act are to control the letting and the rent of available accommodation and to prevent the eviction of tenants therefrom, and we are unable to hold that a rule which severely restricts the powers of a district magistrate to control the letting ..... the 7th december, 1955, the rent control and eviction officer made an order rejecting the appellant's application that the premises be released in his favour, and by an order dated the 8th december he allotted the premises to the fourth respondent.thereafter the appellant moved the commissioner and the state government for the reversal of the rent control and eviction officer's order allotting ..... no action was however taken by the rent control and eviction officer and on the 24th november the appellant wrote to that officer informing him that he had occupied the premises and that they .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC704
..... him, certainly the accommodation cannot be treated as vacant but if some of his relations live jointly with him for certain reasons, where the tenant has not given exclusive possession to him, the rent control and eviction officer has to consider that in those circumstances.the accommodation should be treated as vacant.7. ..... petition is directed against the order dated 19.12.1998 passed by the rent control and eviction officer, respondent no. 1. ..... urban buildings (regulation of letting, rent and eviction) act, 1972 (in short the act) provides that a landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if he has allowed it to be occupied by any person who is not member ..... the rent control and eviction officer shall re-determine the matter on the question of vacancy afresh keeping in view the observations made above and in accordance ..... the rent control and eviction officer had not considered this aspect but took into consideration the fact that the petitioner, not being karta of the family, had no right to permit his brothers to ..... the rent control and eviction officer referred to two affidavits filed by darshan kumar mango and satya prakash pandcy wherein they have stated that the petitioner had permitted his brother to live with ..... the rent control and eviction officer took the view that the petitioner failed to prove that he was a karta of the family, therefore, he had no right to permit his brother to occupy any portion of the house .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1350
..... brij bala jain's case (supra), it was observed that more than 12 years' period had elapsed and the landlady had never objected to the admission of a partner in the business, the rent control and eviction officer was directed to examine the matter in accordance with law as to whether conduct of the landlord amounted to acquiescence, in the present case, the accommodation is alleged to have been let out in the year, ..... he submitted report dated 15.11.1997 that one amar nath was a tenant and on his vacation, the petitioner occupied it without any allotment order though he has obtained a rent receipt from the landlord to establish that he is living as a tenant. ..... air 1983 sc 1239, it was held that the rent control and eviction officer is to exercise the discretion within a reasonable time when no limitation is provided therefore, in smt. ..... the petitioner has challenged the order declaring vacancy dated 9.9.1998 passed by the rent control and eviction officer-respondent no. 1.2. ..... he, however, found that atma ram awasthi, one of the co-owner, had executed a rent receipt in favour of the petitioner enhancing the rent from rs. 40 to rs. ..... 1 directed the rent control inspector to submit a report. ..... the rent control and eviction officer, in these circumstances, rightly declared the accommodation in question as vacant.8. ..... he had raised rent from rs. 40 to rs. ..... rent and eviction) act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC1865
..... 3 executed a written agreement on 28.6.1979 and in para 2 of the said agreement, it was stated that the petitioner took possession from 1st july, 1979 and the rent will commence from 1st july, 1979: para 1 of the agreement provided that the letting was for four years. ..... 250 per month and if he fails to vacate after four years, he shall be liable to pay 25% more than the actual rent up to one year time as mutually settled. ..... this writ petition is directed against the order dated 23.12.1998 passed by the rent control and eviction officer respondent no. ..... it was contended that the rent control authorities should have taken steps for declaration of vacancy and the proceedings for allotment/release within a reasonable time from the date of letting. ..... urban buildings (regulation of letting rent and eviction) act, 1972 (in short the act).3. ..... 1 directed the rent control inspector to submit a report who submitted a report that the petitioner was in occupation without any allotment order and the matter may be examined after hearing the parties. ..... in the agreement, it was stipulated that if the petitioner continues after 30.6.1980, he was liable to pay rent at the rate of rs. ..... rent control and eviction officer/ additional city magistrate (1st), kanpur nagar and another, 1999 (1) arc 515, and it was held that if an accommodation is let out without any allotment order, it shall be void and such ..... 3 insisted for enhancement of rent. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2502
..... (4) where any party to any proceeding for the determination of standard rent of or for eviction from a building dies during the pendency of the proceeding, such proceeding may be continued after bringing on the record : (a) in the case of the landlord or tenant, his heirs or legal representatives : (b) in the case of ..... in relation to a building, means a person by whom its rent is payable, and on the tenant's death : (1) in the case of a residential building, such only of his heirs as normally resided with him in the building at the time of his death ; (2) in the case of a non-residential building, his heirs ..... 2 and3 have supported the report of the rent control inspector and stated that the petitioner although was the real brother of the deceased but was not his family ..... he, thereafter, submitted his report to the rent control and eviction officer, the copy of which is contained as annexure-3 to the writ ..... the directions issued by the rent control and eviction officer, the building in question was inspected by the rent control inspector. ..... buildings (regulation of letting, rent and eviction) act. ..... the rent control and eviction officer, after going through the entire material on the record, came to the conclusion that the petitioner was inducted in the building in question by the tenant shri suraj prasad alias chhedi ..... the rent control inspector, by his report dated 29.5.1998, reported that the building in question was in occupation of the petitioner who was not a member of the family of .....
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