Bombay Rents, Hotel and Lodging House Rates Control Rules 1948-In exercise of the powers conferred by section 49 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. L VII of 1947), the Government of Bombay is pleased to make the following rules
D. Sasi Kumar Vs. Soundararajan-23/09/2019-If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time-lapse in the judicial process coming to an end.
Flora Elias Nahoum & Ors. Vs. Idrish Ali Laskar [SC 2018 JANUARY]-KEYWORDS:- RENT CONTROL-eviction suit- subletting- DATE :-January 25, 2018- If one ground of eviction is held made out against the tenant, that ground is sufficient to evict the tenant from the suit premises. The sin qua non for proving the
Himangni Enterprises Vs. Kamaljeet Singh Ahluwalia[2017 SC]-Arbitration and Conciliation- The Delhi Rent Act, which deals with the cases relating to rent and eviction of the premises, is a special Act. Though it contains a provision (Section 3) by virtue of it, the provisions of the Act
Law of rent control and premises tenancy in India-Eviction matters of personal necessity Eviction matters for re-building, and material alteration Eviction matters of sub-letting Eviction matters of disclaimer of title Arrears of rent Eviction on the ground of misuse Enhancement of rent Eviction on the ground of non-payment
Metalware and Co.Vs Bansilal Sarma and others-4/5/1979-If the Rent Controller has to be satisfied about the bona fide requirement of the landlord which must mean genuineness of his claim in that behalf the Rent Controller will have to take into account all the surrounding circumstances including not merely the factors of the landlord being possessed of sufficient means or funds to under take the project and steps taken by him in that regard but also the existing condition of the building, its age and situation and possibility or otherwise of its being put to a more profitable use after reconstruction.
Prohibition of sub-tenancy or licence in absence of contract under Bombay Rents Control Act 1944-Notwithstanding anything contained in any law but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this Act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein [and after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, for any tenant to give on licence the whole or part of such premises
Rai Brij Raj Krishna and Another Versus Messrs. S. K. Shaw and Brothers [SC 1951 FEB]-Keywords: Rent Control-Jurisdiction The Act has entrusted the Controller with a ‘jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on finding that there is non-payment of rent, to
Rajendra Diwan Vs. Pradeep Kumar Ranibala & Anr-10/12/2019-Section 13(2) of the Chhattisgarh Rent Control Act, 2011-State Legislature lacked legislative competence to enact Section 13(2) of the Rent Control Act. We, therefore, declare Section 13(2) of the Rent Control Act ultra vires the Constitution of India, null and void and of no effect.
Recovery of the possession under West Bengal Premises Tenancy Act 1997-Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for
Recovery possession under Bombay Rents, Hotel Rates Control Act 1944-Recovery possession Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act 1944 LAW EDITION: 2020 Sec 13- When landlord may recover possession (1) Notwithstanding anything contained in this Act but subject to the provisions of sections 15 and 15A,
Smt. Syed Sughra Zaidi Vs. Laeeq Ahmad (D) through LRS. & Ors [SC 2017 December]-KEYWORDS:- EVICTION SUIT- TENANCY-registered rent agreement-renewal of lease deed The courts below did not properly appreciate that after service of eviction notice on 09.04.1979 continuance of respondents’ possession in the demised premises had become illegal. The High Court did not
Sub-tenancy under the West Bengal Premises Tenancy Act 1997-West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or in part, by the tenant with the previous
Tenanted premises can be used for another purpose than agreed in absence of negative covenant-SC-SEPTEMBER 18, 2018: The petition for eviction filed by the Landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was dismissed by the Rent Controller. The judgment of the Rent Controller was affirmed in appeal by the Appellate Authority, Faridabad and in revision by the High Court of Punjab and Haryana at Chandigarh. Aggrieved thereby the landlord filed appeal befote the Supreme Court .
Supreme Court held while dismissing the appeal for eviction, in RAVI CHAND MANGLA Versus DIMPAL SOLANIA & ORS. that "The main point urged on behalf of the Appellant is that the premises which was let out for saw mill is now being utilized for the purpose of manufacturing of grills which amount to change of user. Submissions were made before us by both sides on the interpretation of terms of the rent agreement. On a perusal of the agreement, we are convinced that there is no restriction placed on the Respondents-tenant to run business only relating to the saw mill. The tenant was given the liberty to carry on any other business as well. In the absence of any negative covenant the user does not amount to user for the purpose other than for which the premises was leased. A premises taken on rent for ‘sugarcane crushing’ was used for cloth business in which case the landlord’s contention that there was change of user was rejected.
The legal position of sub-tenant under Indian Law-In the case of Associated Hotels of India Ltd., Delhi vs. S. B. Sardar Ranjit Singh, AIR 1968 SC 933,Apex Court held that when eviction is sought on the ground of subletting, the onus to prove subletting is on the
What is the meaning of word “himself”-Once the families of Jagdish Kishore and Ram Kishore are considered as included in the expression “himself”, the accommodation with the petitioner is wholly insufficient. There are as many as five grand children who are required to be married. I
