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Rent control

RAVI KHANDELWAL versus M/S. TALUKA STORES

Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is designed to protect a tenant for five years, and where proceedings have continued beyond that period (38 years in this case) the initial defect of instituting the suit within five years is washed away; accordingly the High Court's contrary view was set aside and the first appellate decree of eviction was affirmed, with directions for possession.

Source excerpt

  • Interpretation of section 14(3) of the rajasthan premises (control of rent and eviction) act, 1950
  • Whether five-year bar prevents institution of suit or only passing of decree
  • Bona fide necessity
  • Cure of procedural defect by passage of time
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Delhi rent control act, 1958

KUSUM LATA SHARMA versus ARVIND SINGH

The High Court exceeded the limited supervisory jurisdiction under the proviso to Section 25-B(8) by upsetting concurrent findings of fact recorded by the Rent Controller on the ground of an alleged misdescription of the property; reading the pleadings with the site plan and evidence as a whole showed no material misdescription and the Rent Controller's finding of bona fide requirement was supported by evidence and therefore the High Court's orders were set aside and the Rent Controller's eviction orders restored.

Source excerpt

  • Bona fide requirement
  • Section 14(1)(e)
  • Section 25-b(8)
  • Revision jurisdiction under proviso to s.25-b(8)
  • Description and identification of property in eviction proceedings
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Landlord and tenant

MAN SINGH versus SHAMIM AHMED (DEAD) THR. LRS

Where a landlord who had earlier refused to accept rent subsequently serves a notice of demand expressing willingness to accept it, the tenant must tender the rent to the landlord and cannot continue to deposit it in Court under Section 30(1); failure to tender the rent to the landlord after such notice may justify eviction even if the tenant had been depositing the admitted rent in Court. On the facts, although the High Court found the oral enhancement unproved and fixed the rent at Rs.250 per month, the tenant failed to tender that rent to the landlord after notice and the eviction decree w…

Source excerpt

  • Deposit of rent in court
  • Notice of demand
  • Section 30 uttar pradesh urban buildings act 1972
  • Section 20(4) uttar pradesh urban buildings act 1972
  • Oral agreement for enhancement of rent
  • Effect of deposit in court on arrears
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M.p. accommodation control act, 1961

M/S. FASHION WORLD versus BANSHIDHAR MULTI BUILDERS PVT. LTD.

Since the appellant deposited the balance amount of GST (which was the basis for the Trial Court and High Court orders striking off the defence), those orders were quashed and set aside; the appellant was permitted to defend the eviction suit, subject to payment of rent as directed by this Court for the specified periods, and the High Court was directed to finally decide the suit within six months.

Source excerpt

  • Strike off defence under section 13(6)
  • Liability for tax (gst) under lease
  • Periodical rent enhancement
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Eviction

NEW DELHI MUNICIPAL COUNCIL versus GANGA DEVI & ANR.

The appeals were allowed because the occupant was not eligible for regularization: she was not in possession on or before the cut-off date of 20.10.1989, the public notice of 6.8.2001 did not cover Baba Kharag Singh Marg, the partnership and transfer violated express prohibitions in the 1998 license deed, and the New Delhi Municipal Council was only delegated administrative/licensor functions rather than ownership; consequently the High Court orders were set aside and the eviction order restored.

Source excerpt

  • Regularization of allotments
  • License deed terms
  • Subletting and unauthorized construction
  • Transfer of markets
  • Rights of lessor/licensee
  • Cut-off date for regularization
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Rent control

RAJINDER KUMAR BANSAL & ORS versus MUNICIPAL COMMITTEE & ORS.

Use of land as a club for the construction and use of a pavilion is for the interest of a section of the public and thus falls within the scope of 'rented land' under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act, 1973; consequently the ejectment petition under the Act was maintainable and the High Court erred in holding otherwise.

Source excerpt

  • Definition of 'rented land' under section 2(f) of the haryana urban (control of rent and eviction) act, 1973
  • Meaning of 'business' for purposes of rent control statutes
  • Maintainability of ejectment petition
  • Use of land let to a club for construction and use of a pavilion
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Wakf act

TELANGANA STATE WAKF BOARD & ANR. versus MOHAMED MUZAFAR

The Wakf Tribunal had jurisdiction to determine the central question whether the suit schedule properties were Wakf properties under Sections 6 and 7 of the Wakf Act; it analyzed the evidence (including the gazette notification/amended Muntakhab and earlier litigation) and validly decreed the suit, and the High Court erred in reappreciating evidence in revision and in holding the suit not maintainable; therefore the High Court order setting aside the tribunal judgment was set aside and the tribunal judgment restored.

Source excerpt

  • Jurisdiction of wakf tribunal
  • Maintainability of suit
  • Reappreciation of evidence in revision
  • Dispute over gazette notification and extent of wakf property
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Eviction

MADAN MOHAN SINGH versus VED PRAKASH ARYA

The respondent failed to prove tenancy (no rent receipts/accounts and reliance on surmise); the partnership deed executed by the parties and the Chief Administrator's binding finding under Clause 12 that the respondent was a servant established that the premises were not sublet; therefore the respondent was not a tenant and the appellant was entitled to possession and mandatory relief.

Source excerpt

  • Tenancy
  • Subletting
  • Allotment conditions (clause 12)
  • Possession
  • Mandatory injunction
  • Mesne profits
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Rent control

MOHD. ASIF NASEER versus WEST WATCH COMPANY THROUGH ITS PROPRIETOR

The concurrent factual findings of the Prescribed Authority and the Appellate Authority that six months prior notice was given (supported by a photocopy of the receipt filed with an affidavit and corroborated by the tenant's admission of landlordship and deposit of rent under Section 30(1)) were valid; because the notice requirement in the proviso does not prescribe mode and evidence on affidavit is admissible under Section 34, the High Court erred in setting aside those concurrent findings; consequently the release application was rightly allowed and the tenant was directed to vacate within…

Source excerpt

  • Service of notice
  • Section 21(1)(a) proviso
  • Release of premises
  • Comparative hardship
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Rent control

OM PRAKASH versus SURESH KUMAR

An unequivocal statement made by the appellant's counsel before the High Court to re-induct the respondent-tenant in equivalent area was binding on the appellant; the appellant must therefore re-induct the tenant, but because the newly constructed building layout precludes giving the entire original area, the Court modified the decree: the appellant must hand over the front portion of the ground floor measuring 3.73 m x 7.57 m, pay compensation of Rs.74,000 for loss of area, desist from using first and second floors until payment, and the Rent Controller shall determine monthly rent on re-ind…

Source excerpt

  • Re-induction of tenant
  • Binding nature of counsel's statements
  • Bonafide requirement for reconstruction
  • Review petition
  • Compensation for loss of area
  • Appointment of receiver
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.