Rent Control - Law Dictionary Search Results
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rent control : government regulation of the amount charged as rent for housing and often also of eviction rent-con·trolled adj ...
Landlord
Landlord, he of whom land or tenements are holden; who has a right to distrain for rent in arrear, etc., Co. Litt. 57. See Foa or Woodfall on Landlord and Tenant, and also the (English) Rent and Mortgage Interest Restrictions Act, 1920 (10 & 11 Geo. 5, c. 17), s. 70.Includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.Mean a person who is the owner of the building and who has a right to remain in occupation and actual possession of the building to the exclusion of everyone else. It is such a person who can seek to evict the tenant on the ground that he requires possession in good faith for his own occupation, M.M. Quasim v. Manohar Lal Sharma, ...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Or otherwise
Or otherwise, in s. 18, clause (2) of the Delhi-Ajmer Rent Control Act do not merely mean on the oral complaint of some tenant'. They clearly cover a case in which some tenants in a newly constructed building complain to the Rent Controller that their rent is excessive and he discovers that other tenants in the same building are also charged similar excessive rents for the premises occupied by them, Raj Krishna Jai v. Tulsi Das R. Sugand, (1954) 56 Punj LR 193: 1954 Punj 198....
Salami
Salami, 'salami' is a single payment made for the acquisition of the right of the lessor by the lessee to enjoy the benefits granted to him by the lease. That general right may properly be regarded as a capital asset and the money paid to purchase it may properly be held to be a payment on capital account, Maharaja Chintamani Saran Nath Sah Deo v. CIT, AIR 1972 SC 80 (81): (1971) 2 SCC 521: (1972) 1 SCR 36.'Salami' is defined as; 'a free gift by way of compliment or in return of a favour'. Salami is a payment by the tenant as a present or as price for parting by the landlord with his rights under the lease of a holding. It is a lump sum payment as consideration for what the landlord transfers to the tenant, Member for the Board of Agricultural Income Tax v. Sindhurani Chaudhurani, AIR 1957 SC 729 (733): (1955) SCALE 772: 1957 ITR 169.Salami, are (i) its single non-recurring character; and (ii) payment prior to the creation of the tenancy. It is the consideration, paid by the tenant for...
Vacancy
Vacancy, means an unoccupied post or office, R.K. Sabharwal v. State of Punjab, AIR 1995 SC 1371: (1995) 2 SCC 745: (1995) AIR SCW 1371: (1995) 29 ATC 481 (SC).It occurs when a person in lawful occupation of premises vacates it. If a person other than tenant, occupying the premises in contravention of law, vacates it, the same cannot be taken note of by rent control authorities, G.K. Chakko v. Rent Controller, (1970) Ren Cr 377 (Mys)....
Reasonable requirement
Reasonable requirement, belongs to the knowledge of the law and means reasonable not in the mindof the person requiring the accommodation but reasonable according to the actual facts, Damodar Sharma v. Nandram Deviram, AIR 1960 MP 345 (FB).Connotes something more than desire but less than absolute necessity, Petro-leum Worker's Union v. Mohammed & Co., AIR 1967 Mad 33: 1965 MP LJ 979: (1966) 17 STC 1: 1965 Jab LJ 1065.The words 'reasonable requirement' postulate that there must be an element of need as opposed to a mere desire or wish. The connotation of the term 'need' or 'requirement; should not be artificially extended nor its language so unduly stretched or strained so as to make it impossible or extremely difficult for the landlord to get a decree for eviction, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272 (276). [J&K Houses and Shops Rent Control Act (34 of 1966), s. 11(1)(h)]What is reasonable requirement is a question of fact and it depends upon the circumstances of each case....
Question
Question, interrogatory; anything inquired. Putting to the question, i.e., torture.The word 'question' meant 'called inquestion as regards its reasonableness or practicability' and could not mean 'challenging its legality', Smt. Abida Begam v. Rent Control and Eviction Officer, AIR 1959 All 675 (680). [U.P. (Temporary) Control of Rent and Eviction Act, (3 of 1947), s. 16]Means anything inquire; an issue to be decided by a court of law. It may be a question of law or question of fact, Oriental Investment Co. Ltd. v. C.I.T., Bombay, AIR 1957 SC 852: (1958) SCR 49: (1958) SCJ 37: (1958) SCA 889: (1958) 1 Andh WR (SC) 18: (1957) 32 ITR 664: (1958) 1 Mad LJ (SC) 18....
Immediate purpose
Immediate purpose, 'immediate purpose', in the context in which the expression appears, relates to directness rather than speed, although absence of the latter negatives the former. It denotes connection and timely action, but not instant action; yet delayed action is a sign of remoteness of purpose. The expression must be understood as a directly connected and timely purpose, and not a secondly or remote or premature purpose. Significantly, the clause does not stay 'for the purpose of immediately demolishing', which word might have denoted instant demolition. What s. 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 says is 'immediate purpose of demolishing'. The legislative intent is that the purpose should be immediate or direct and not mediate or remote or indirect or secondary. P. Orr and Sons (P) Ltd. v, Associated Publishers (Madras) Ltd., (1991) 1 SCC 301. [T.N. Buildings (Lease and Rent Control) Act, 1960, s. 14 (1) (b)]...
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