East Punjab Urban Rent Restriction Act, 1949, Section 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Distinction between the two provisions - Held, except for a difference in the manner of constructing the sentences there is no substantial difference in between the two provisions...........
Civil Procedure Code, 1908 -- Receiver - Appointment of - Suit by banks for recovery of loan in which receiver appointed on properties - Plea of appellants that they are tenants on the properties and have right to being protected against increase of rent under the provisions of the Rent Act and enhancement of the occupation charges of the premises from Rs.2500/ - to..........
Rent and Eviction -- Arrears of rent - Transfer of property - If right to recover the arrears is assigned only then transferee on transfer of property can recover arrears of rent and if not paid can maintain a petition for eviction under the rent laws for those arrears as well. (Transfer of Property Act, 1882, S.109 Proviso.)..........
Evidence Act, 1872, Section 116 -- Relationship of landlord and tenant - Denial by tenant - Auction sale by Municipal Council - Tenant attorned purchaser and making payment of rent - Till the auction sale is set aside it cannot be said that purchaser did not acquire a valid title - Sale effected by purchaser in favour of respondents not suffering from any infirmity -..........
House tax -- Annual letting value - Where Municipal Act requires determination of the annual value, that Act has to be read along with Rent Restriction Act which provides for the determination of fair rent or standard rent - Rateable value cannot be more than the fair or standard rent which can be fixed under the rent Control Act...........
House tax -- Annual letting value - When standard rent not ascertainable then alternative method of finding out the standard rent is `Contractor's method' under which the market value of the land has to be ascertained and reasonable return fixed thereupon to determine the standard rent...........
Rent and Eviction -- Eviction sought on ground that son of tenant had been allotted accommodation - Allotment of a house to son of tenant during his life time - Does not entitle landlord to seek eviction of tenant after the death of tenant when tenancy was inherited by L.R's including son who was allotted accommodation on ground that tenant had acquired vacant possession..........
Delhi Rent Control Act, 1958, Section 2(1), 14, 50, Civil Procedure Code, 1908, Section 47 -- Heirs of statutory tenant for commercial purposes - Tenancy not heritable as such suit for possession decreed by Civil Court - Subsequently Supreme Court holding that statutory tenancy for commercial premises is heritable - Objection taken that decree passed by Civil Court is..........
Rent and Eviction -- Change of user - Premises let out for business purpose - Tenant started using it for manufacturing purpose without written consent of landlord - Tenant is liable to eviction. (U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.20(2)(d)...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 25(2) -- Proviso - Power of Court to extend prescribed period of limitation on ground of availability of sufficient cause within meaning of Section 5 Limitation Act - Stands circumscribed by limitation imposed on power of High Court by Proviso to sub-section (2) of Section 25 - Discretionary power to condone..........
