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1.
Non-Payment of Rent/Arrears of Rent
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110
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Q.
Explain with the help of statutory provisions the procedure for eviction of
the tenant on the ground of non- payment of arrears of rent.
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110
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Q.
Mention how many opportunities a tenant may get to pay the arrears of rent
before he incurs the liability of evicting the premises on the ground of non-payment of rent.
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110
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Q.
Even if the landlord is able to prove before the Rent Controller that the tenant
has defaulted in payment of rent, what kind of order can be passed in such a situation? Whether it is obligatory on the part of the Rent Controller to pass
eviction order against the tenant under these circumstances.
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110
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CASE LAW
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1.
Santosh Mehta v. Om Prakash, MANU/SC/0476/1980: (1980) 3 SCC 610
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112
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Q.
Whether the provision contained in section 15(7) of the Rent Control Act are
directory or mandatory?
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112
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2.
Ram Murti v. Bhola Nath, MANU/SC/0324/1984: AIR 1984 SC 1392
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113
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Q.
Explained briefly whether it is obligatory for the Rent Controller to strike off
the defence of the tenant, if he fails to comply with the order of the Court for payment of arrears of rent? Support your answer with the relevant
statutory provisions and case law.
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113
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3.
Jain Motor Car Co., Delhi v. Swayam Prabha
Jain, MANU/SC/0767/1996: AIR 1996 SC 2951
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117
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4.
Kamla Devi v. Vasdev, MANU/SC/0192/1995: AIR 1995 SC 985
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119
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5.
Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, MANU/SC/0926/2004: AIR 2005 SC 15
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121
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6.
Atma Ram v. Shakuntala Rani, MANU/SC/0521/2005: AIR 2005 SC 3753
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122
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Q.
Discuss in brief the mode of payment of rent by the tenant, if landlord
does not accept the rent offered by the tenant.
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122
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7.
Jagan Nath v. Ram Kishan Dass, MANU/SC/0311/1984: AIR 1985 SC 265
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124
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Q.
Under what circumstances a tenant can avail the benefit under section 14(2)
of the Rent Control Act in an application for his eviction on the ground of non-payment of rent? Explain with the help of relevant case law.
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124
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8.
Kamla Bakshi v. Khairati Lal, MANU/SC/0222/2000: (2000) 3 SCC 681
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128
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Q.
What is the meaning of expression 'legally recoverable arrears of rent'
in section 14(1)(a) of the Act?
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128
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2.
Sub-letting the Rented Out Premises
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131
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Q.
How a premises can be lawfully sub-let by a tenant? Explain with the help
of relevant statutory provisions.
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131
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CASE LAW
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1.
G.K. Bhatnagar (D) by Lrs. v. Abdul Alim,
MANU/SC/0500/2002: (2002) 9 SCC 516
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133
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Q.
Whether a partner can be inducted into a premises as a
sub-tenant?Explain with the relevant statutory provisions and case law.
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133
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2.
Kapil Bhargava v. Subhash Chand Aggarwal, MANU/SC/0470/2001: AIR 2001 SC 3334
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134
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Q.
What are the restrictions imposed by the Statute on the creation of sub-tenancy?
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134
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Q.
What are the condition precedents for creation of lawful sub-tenancy so as
to deprive the landlord to avail sub-letting as ground of eviction?
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134
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3.
South Asia Industries Private Ltd. v. S.B. Sarup Singh, MANU/SC/0046/1965: AIR 1965 SC 1442
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136
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4.
Impermissible User of the Rented Premises
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146
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Q.
When a tenant is said to be impermissible user of the tenanted premises
under the Rent Act? Explain with the help of relevant statutory provision with a specific reference to particular Rent Act.
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146
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5.
Pushpa Devi v. Om Prakash, 1979 Rajdhani LR 441
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147
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6.
Telu Ram v. Om Prakash Garg, 1971 RCJ 1 (P&H HC)
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148
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CASE LAW
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1.
Baldev Sahai Bangia v. R.C. Bhasin, MANU/SC/0216/1982: AIR 1982 SC 1091
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150
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Q.
What is the meaning assigned to the word 'family' in clauses (d) and (e) of
the proviso to sub-section (1) of section 14 of the Rent Control Act in the application moved by the landlord for eviction of tenant on any of the
grounds mentioned in these clauses? Explain with the help of relevant case law.
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150
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2.
Bona Fide Requirement of the Premises by the Landlord for Residence
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153
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Q.
What are the legislative changes brought in by the Satyawati Sharma's case
in the ground of eviction on account of bona fide requirement of landlord.
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153
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Q.
What are the requirements of law for getting a tenant evicted on the ground
of bona fide requirement of the demised premises by the landlord?Explain briefly with the help of relevant statutory provisions and case law.
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154
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Q.
In an application for eviction of the tenant on the ground of bona fide requirement
of the premises by the landlord, what is the defence available to the tenant?Explain briefly with the help of relevant statutory provisions and case law.
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154
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Q.
Can you say when a ground of eviction restricts the landlord's right to seek
eviction of the tenant on the ground of bona fide requirement from the premises let for residential purposes only is violative of doctrine of
equality embodied in Article 14 of the Constitution of India? Elaborate briefly with the help of relevant statutory provisions and case law.
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155
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CASE LAW
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Narain Khamman v. Parduman Kr.
Jain, MANU/SC/0319/1984: AIR 1985 SC 4
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156
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Q.
Whether it is a condition precedent before filing an application under
section 14A(1) for eviction of the tenant that the landlord should be in occupation of the Government accommodation allotted to him? Support
your answer with relevant statutory provisions and case law.
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157
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Q.
The landlord was already residing in the premises belonging to him at the
time of moving an application before the Rent Controller for eviction of the tenant on the ground mentioned in section 14A of the Rent Control Act.Whether he would succeed in getting the tenant evicted? Explain briefly.
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157
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Ravi Dutt Sharma v. Rattan Lal
Bhargava, MANU/SC/0325/1984: AIR 1984 SC 967
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160
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Q.
Whether it is incumbent on the part of the landlord to seek the permission of
the competent authority under section 19 of the Slum Areas (Improvement and Clearance) Act, 1956, before filing an application under Chapter IIIA of the Rent
Control Act, if the premises is situated in a slum area? Support your answer with relevant statutory provisions and case law.
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160
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Q.
In the case of conflict between the Slum
Areas (Improvement and Clear) Act, 1956 and the Rent Control Legislation, which Act would prevail. Explain with help of
relevant statutory provisions and Case Law.
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162
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V.S. Talwar v. Prem Chandra Sharma, AIR 1984 SC 664
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163
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Q.
Landlord files an application for eviction of the tenant under section 14(1)(e)
of the Rent Control Act, which is opposed on the ground that the demised premises was being used for personal office in terms of the rent
agreement,though, it was not to be used for commercial purposes. Can the landlord succeed?
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163
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Q.
What do you mean by 'premises' under the Rent Act? Explain with specific reference
to a particular Rent Control Legislation with the help of relevant case law.
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164
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Satyawati Sharma (Dead) by
LRs. v. Union of India, Civil Appeal No.1897 of 2003 decided by S.C. on 16-4-2008
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165
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Q.
What is the question of law decided by the Satyawati Sharma's case and how far
it has shown judicial activism by way of stepping in to the shoes of the legislature?Briefly state the logic applied by the Supreme Court in reaching to this conclusion.
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165
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Miss S. Sanyal v. Gian
Chand, MANU/SC/0340/1967: AIR 1968 SC 438
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166
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V.K. Bhandari v. Sheikh
Mohd. Yahya, 158 (2009) DLT 124
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167
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Shri Ramesh Ahuja v. Shri Ram Nath
Jain, 158 (2009) DLT 347
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168
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S.P. Arora v. Ajit Singh, 1970 PCR 628
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170
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3.
Tenant Acquiring Vacant Possession of or has been Allotted a Residence
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181
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Q.
Landlord files an application for eviction of the tenant under section
14(1)(h),which is opposed on the ground that though the tenant has been allotted the
residential premises but he has not acquired vacant possession of the same and further that it is not sufficient for his family. Whether such a defence is
sustainable? Support your answer with relevant statutory provisions and case law.
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181
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Ganpat Ram Sharma v. Gayatri
Devi, MANU/SC/0756/1987: AIR 1987 SC 2016
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181
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4.
Use of premises in violation of conditions of lease stipulated by
DDA/MCD
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183
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Q.
What are the essential ingredients for eviction of a tenant under section 14(1)(k) ?
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183
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Q.
What kind of order the rent controller is required to pass under section
14(1)(k),if it is proved that the tenant was using the premises, notwithstanding, previous
notice, in a manner contrary to any condition imposed on the landlord by the Government or any other Local Authority, while giving him a lease of the land,on which premises was situated?
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183
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Q.
In an application under section 14(1)(k) for eviction of the tenant the
Rent Controller is obliged to issue notice to which party?
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183
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Difference between section 14(1)(c) and section 14(1)(k)
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184
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|
Q.
What is the difference between the grounds of eviction provided
under section 14(1)(c) and 14(1)(k)?
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184
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1.
Faquir Chand v. Ram Rattan, MANU/SC/0412/1973: AIR 1973 SC 921
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184
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Q.
Is the landlord estopped from urging the ground of eviction as provided under
section 14(1)(k), if the rented out premises was being used or dealt with, with his consent, in a manner contrary to any condition imposed on the landlord by
the Government or the other local authority (Original Lessor), while giving him a lease of the land on which the premises are situated? Support your answer
with relevant case law.
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184
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2.
Dr. K. Madan v. Krishnawati, MANU/SC/0150/1997: AIR 1997 SC 579
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186
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3.
Munshi Ram v. Union of India, MANU/SC/0498/2000: AIR 2000 SC 2623
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190
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Q.
Whether the tenant, as a matter of right can claim misuser of the premises
contrary to the terms of the original lease, on the ground that he is prepared to pay such amount of penalty as compensation as may be determined to be
payable to the original lessor?
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190
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4.
Bharat Sales Limited v. Lakshmi Devi, MANU/SC/0555/2002: AIR 2002 SC 2554
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194
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Q.
Can the tenant be made liable for payment of any amount towards the misuser
charges, as determined under section 14(11) of the Rent Control Act, even if he does not contest his eviction under section 14(1)(k) of the Act on the ground of
misuser of the premises contrary to the condition imposed on the landlord by the original
lessor? Support your answer with case law.
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194
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5.
Recovery of Possession in case of Limited Period of Tenancy
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198
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Q.
What is the legislative policy behind the concept of limited period tenancy
under the Rent Control Act?
|
198
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Q.
What are the essential requirements of creating limited period tenancy under
the Rent Control Act? Support your answer with relevant statutory provisions and case law.
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198
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Q.
Explain briefly the procedure to be followed in creating limited period tenancy
under the Rent Control Act.
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198
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Q.
Under what circumstances the sanction/ permission as granted under
section 21 of the Rent Control Act by the Rent Controller is held to be vitiated?
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198
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Q.
While deciding the validity of the sanction granted to the landlord for creation
of limited period tenancy, at what point of time the principles in this regard have to be applied? It is to be seen whether on the date of such challenge
or on the date when the application was moved by the landlord before the Rent Controller under section 21 of the Act?
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199
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|
Q.
Whether subsequent events can be determining factors while deciding the
challenge to the sanction granted by the Rent Controller for creation of limited period tenancy?
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199
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CASE LAW
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1.
Shrisht Dhawan v. Shaw Brothers, MANU/SC/0295/1992: AIR 1992 SC 1555
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200
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Q.
Under what circumstances tenant can challenge the permission granted to
the landlord under section 21 of the Rent Control Act?
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200
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|
Q.
What is the condition precedent for satisfaction of the Rent Controller while
granting permission to the landlord under section 21 of the Rent Control Act?
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200
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Q.
Whether availability of sufficient accommodation is a ground of challenge for the
tenant either at the stage of grant of permission or at the stage of execution of
the decree of eviction passed against him in terms of permission granted to the landlord under section 21 of the Rent Control Act?
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201
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Q.
What is the provision for letting and assuring possession after expiry of lease?
Explain with the help of relevant statutory provisions and what are the ingredients
for creating such a tenancy?
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203
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2.
Pukhraj Jain v. Padma Kashyap, MANU/SC/0208/1990: AIR 1990 SC 1133
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205
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Q.
Whether the proceedings for recovery of possession under section 21 of the
Rent Control Act can be initiated and/or continued by legal heirs of the landlord,who after obtaining the permission died before the expiry of the period of tenancy?
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205
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3.
Inder Mohan Lal v. Ramesh Khanna, MANU/SC/0762/1987: AIR 1987 SC 1986
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208
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Q.
The landlord did not give the reason as to why he did not require the premises
for the limited period, for which permission was granted by the Rent Controller under section 21 of the Rent Control Act. Can the tenant successfully challenge
the said permission on this ground before the Rent Controller?
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208
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