LL. B. V Term: Paper - LB - 5033 - Rent Control and Slum Clearance
LL. B. V Term: Paper - LB - 5033 - Rent Control and Slum Clearance
LL. B. V Term: Paper - LB - 5033 - Rent Control and Slum Clearance
V Term
Paper – LB - 5033 - Rent Control and Slum Clearance
Prescribed Legislations:
1. The Delhi Rent Control Act, 1958
2. The Slum Areas (Improvement and Clearance) Act, 1956
3. The Delhi Rent Control Act, 1995
4. The Transfer of Property Act, 1882
5. The Indian Easements Act, 1882
Prescribed Books:
1. G.C. Bharuka (Rev.), Mulla’s The Transfer of Property Act, 1882
(10th ed., 2006)
2. Jaspal Singh, Delhi Rent Control Act (6th ed., 2007)
3. Rameshwar Dial and Adarsh, Law of Rent Control in Delhi
(2nd ed., 2005)
PART - I
General
Lease, License – Meaning; Distinction between Lease and License; Relevance of the
distinction to the provisions of the Delhi Rent Control Act, 1958.
Tenancy by holding over, Notice for termination of tenancy under Transfer of
Property Act, 1882
1. Associated Hotels v. R.N. Kapoor, AIR 1959 SC 1262 1
2. M.N. Clubwala v. Fida Hussain Saheb (1964) 6 SCR 642, 651 7
3. C.M. Beena v. P.N. Ramachandra Rao, AIR 2004 SC 2103 13
4. Bhawanji Lakhamshi v. Himat Lal Jamnadas Dani,
AIR 1972 SC 819 18
5. V. Dhanpal Chettiar v. Yesodai Ammal (1979) 4 SCC 214 24
ii
PART - II
The Delhi Rent Control Act, 1958
(A) Definitions; Premises exempted from the applicability of Delhi Rent Control Act, 1958;
Meaning and scope of contractual and statutory tenancies
6. Mohan Lal v. Shri Krishan, 1977 (2) RCJ 505
7. Anand Niwas (P) Ltd. v. Anandji Kalyanji Pedhi (1964) 4 SCR 892 36
8. Jagdish Chander Chatterjee v. Kishan (1973) 1 SCR 850
9. Damadi Lal v. Paras Ram, AIR 1976 SC 2229
10. Gian Devi Anand v. Jeevan Kumar, AIR 1985 SC 796 41
11. Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd.
(2005) 1 SCC 705 62
12. D.C. Bhatia v. Union of India (1995) 1 SCC 104
13. Atma Ram Properties (P) Ltd. v. P.S. Jain Co. Ltd., 57 (1995) DLT 131 69
14. Sangat Singh v. Chaudhary P.N. Behl, AIR 1970 SC 812
PART - III
The Delhi Rent Control Act, 1958
(A) Grounds of eviction
Non - Payment of Rent / Arrears of Rent [Section 14 (1), Proviso, Clause (a)]
17. Santosh Mehta v. Om Prakash (1980) 3 SCC 610
18. Hem Chand v. D.C.M. (1977) 3 SCC 483
19. Ram Murti v. Bholanath, AIR 1984 SC 1392 84
20. Jagannath v. Ram Kishan Das, AIR 1985 SC 265 91
21. Kamla Devi (Smt) v. Vasdev, AIR 1995 SC 985 96
22. Jain Motor Car Co., Delhi v. Swayam Prabha Jain (Smt),
AIR 1996 SC 2951
Sub– letting the rented premises [Section 14 (1), Proviso, Clause (b)]
Impermissible use of the rented premises [Section 14 (1), Proviso, Clause (c)]
Non – occupation of rented premises by the tenant [Section 14 (1), Proviso, Clause (d)]
29. Baldev Sahai Bagla v. R.C. Bhasin, AIR 1982 SC 1091 108
Bona fide requirement of the rented premises by the landlord [Section 14 (1), Proviso, Clause
(e) read with Section 25-B].
30. Miss S. Sanyal v. Gian Chand, AIR 1968 SC 438 114
31. Precision Steel and Engg. Works v. Prem Deva Niranjan Deva Tayal,
AIR 1982 SC 1518 117
32. V.S. Talwar v. Prem Chandra Sharma, AIR 1984 SC 664 136
33. Ravi Dutt Sharma v. Ratan Lal Bhargava , AIR 1984 SC 967 140
34. Satyawati Sharma v. Union of India, 2008 (6) SCALE 325 145
35. V.K. Bhandari v. Sheikh Mohd. Yahya 158 (2009) DLT 124 161
36. Shri Ramesh Ahuja v. Shri Ram Nath Jain, 158 (2009) DLT 347 165
37. Ganpat Ram Sharma v. Gayatri Devi, AIR 1987 SC 2016 168
(C) Remedy against cutting off or withholding essential supply or service [section 45]
46. Smt. Veera Rai v. S.P. Sachdeva, AIR 1985 Del. 300
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PART – IV
The Slum Areas (Improvement and Clearance ) Act, 1956
Impact of the Act on D.R.C.A.; Proceedings for eviction of tenant and role of Competent
Authority
47. Jyoti Pershad v. The Administrator for the Union Territory of Delhi,
AIR 1961 SC 1602
48. C.R. Abrol v. Administrator under the Slum Areas (1970)
RCJ 899 209
49. Lal Chand (Dead) by L.Rs. v. Radha Krishan, AIR 1977 SC 789 219
50. Punnu Ram v. Chiranji Lal Gupta (Dead) by L.Rs.,
AIR 1999 SC 1094 226
IMPORTANT NOTE:
1. The cases/topics mentioned above are not exhaustive. The teachers teaching the course
shall be at liberty to add new cases/topics.
2. The students are required to study the legislations as amended from time to time and
consult the latest editions of books.
3. The question paper shall include one compulsory question. The question papers set for the
examinations held during 2007-08 and 2008-09 are printed below for guidance of the
students.
*****
19(1)(g) and 21 of the Constitution due to changed circumstances. Even section 6A has
not been able to cure the defects.”
Do you agree with the above statement? Comment critically.
8. Write notes on any two of the following:
(a) Relevancy of distinction between lease and license to the provisions of D.R.C.
Act, 1958.
(b) Requirement of notice under section 106 of T.P.A. before filing a suit of eviction
under D.R.C. Act, 1958
(c) Premises exempted from the applicability of D.R.C. Act, 1958.
threatened forfeiture if he failed to comply with the said demand. Ram accordingly
asked Shyam to stop using the house for commercial purposes but Shyam refused to
do so and thereupon Ram filed an eviction application against Shyam u/s 14(1)(k) of
DRC Act, 1958.
Discuss and decide.
6. (a) “A”, the tenant, has gone to Canada for three years and his brother and sister continue
to live in the tenanted house in Delhi. State whether a petition on behalf of the
landlord u/s 14(1)(d) of the DRC Act, 1958 is maintainable.
(b) Discuss the relevant provisions available (u/s 14-D) to a widow for immediate
possession.
7. “C” had purchased one flat in the year 1989 and had given that flat on lease for 10 years
to “Y” on rent @ Rs. 250 per month for Residential purposes only. “Y” was residing and
enjoying the property without the permission of “C” even after the lapse of lease period.
“C” was a governmental employee and had been living in governmental staff quarters
along with his family. “C: retired in the year 2009 and after the retirement he had to leave
the accommodation provided by the government and was forced to shift himself along
with 4 other family members to a rented accommodation. In 2010 “C” files petition u/s
14(1)(e) read along with Section 25-B of DRC Act.
Discuss the procedure laid down u/s 25-B and also the condition to be fulfilled for
obtaining the order of eviction u/s 14(1)(e) of DRC Act, 1958.
8. Write notes on any two of the following:
(a) Provision relating to unlawful subletting under DRC Act;
(b) Essential supply or service under section 45 DRC Act;
(c) Relevant considerations for exercise of discretionary power by competent
authority u/s 19 of Slum Area Act, 1956.
2. State the law relating to heritability of tenancy in case of the death of the statutory
tenancy in respect of
(a) Residential premises
(b) Commercial premises
Discuss with the help for relevant case law.
3. (a) The premises in dispute where built on lease hold land. One of the terms, of the lease
between the landlord and the government was that the building to be put up on the
eland would be used for the purpose of residential cottage. Landlord let out the same
for running of a boarding and lodging house. The tenant continued this use not
withstanding previous notice. Landlord claimed eviction under proviso (k) to S.
14(1). Will landlord succeed? Decide in the light of relevant case laws.
(b) Write a note on ‘Non Occupancy’ as a ground of eviction.
4. (a) “Plausibility of the defence raised and proof of the same are materially different from
each other and one cannot bring in the concept of proof at the stage when plausibility
has to be shown.” Comment with reference to the special procedure for trial of action
brought under section 14A and 14(1)(e) of Delhi Rent Control Act, 1958.
(b) A let out premises in suit to B for a period of three years by virtue of permission
granted under Section 21 of D.R.C.A. 1958. After the expiry of the said period, A
filed another application seeking permission to create limited tenancy for a period of
2 years in favour of B again, without mentioning the factum of having already created
a limited tenancy in the his favour. B appeared before the Rent controller and made a
statement on oath that he was willing to take the premises on lease for limited
permission is illegal and void since the source was obtained by a by concealment of
material facts. Decide the objections.
5. (a) State the effects of non-compliance of an order passed by the rent controller u/s 15(1)
of DRC Act 1958 in a petition u/s 14(1)(a) of the said act.
(b) Elaborate the circumstances under which the rent controller may give benefit u/s
14(2) of DRC Act, 1958 to the tenant.
5. Answer any two of the following:
(a) Distinguish between subletting, assignment and parting with possession.
(b) Change of uber as a ground. It must be misuse of a nature specififed in 14(5).
Elaborate.
(c) Sections 14(1)(4) & 14(1) (44) of DRCA, 1958.
6. A the owner of a double storey building, lets the same to B at a monthly rent of Rs.
1200/- for use as residence-cum-commercial (office). B uses the ground floor portion for
his office and the first floor portion for residence. After three years A bonafide requires
aleast one floor of the building. A makes an application before the Rent Controller for an
order for recovery of possession of the whole of the house, or in alternative for the first
floor u/s. 14(1)(e) B, the tenant, Contends that the petition shold be dismissed as the
house was let to him for residence-cum-office.
x
Decide the applications keeping in view the decisions of the Supreme Court in
Satyawati Sharma vs. U.O.I.
7. Explaining the procedure to be followed in order to avail eviction on the ground of ‘Non
payment of rent’ throw light on the following two aspects.
— Contoller’s power to condone default under section 15(7) and
— Circumstances under which a tenant can be said to have claimed the benefit under
section 14(2) DRCA, 1958
8. Section 19(4) mention certain factors which are required to be considered by the
competent authority while granting or effusing to grant the permission asked for. State
those factors and also state whether such permission is necessary if the eviction
proceeding and under section 14(1)(a), 14A-14D of DRCA, 1958.
xi
LL.B. V Term
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
July, 2011