JAMIA MILLIA ISLAMIA
CONTROL OF EVICTION OF TENANT WITH ROLE OF SLUM AREA (IMPROVEMENT AND CLEARANCE) ACT, 1956 Guidd !"# D$% &''*'+ % D'+"'TUSHAR GUPTA
LAND LAW ASSIGNMENT ./P'0
AC&NOWLEDGEMENT At the outset, I would like to thank my seminar teacher, Dr. Kahkashan Y. Y. Danyal, Danyal, for being a guidin guiding g force force throug througho hout ut the course course of this this submis submissio sion n and being being instrum instrument ental al in the successful completion of this project report without which my efforts would have been in vain. I am thankful to the ibrarians, !aculty of aw, "amia #illia Islamia for helping me in collecting the relevant material for my project report. I would like to e$tend my sincere thanks to my friends and family for their constant review and honest remarks.
%&'(A) *&+%A .A.. -(ons /th 'emester 0th Year
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TABLE OF CONTENTS INTRODUCTION%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% THE DELHI RENT CONTROL ACT# HISTORICAL !AC&GROUND%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956%%%%%%%%%%%%%%%%%%%%%%%%%%%2 O!JECT 3 PURPOSE OF THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 4 DESCRIPTION OF SLUM%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 9 DELHI RENT CONTROL ACT, 195%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 11 CONTROL OF EVICTION OF TENANTS%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%11 S7i8+ 12(1) (')%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 11 S7i8+ 12(1) ()%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%11 S7i8+ 12(1) ()%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 1: S7i8+ 12(1) (d)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%1 S7i8+ 12(1) ()%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%1 THE OLD AGE%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 15 START NEW !USINESS;NO E
)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 16 S7i8+ 12(1) (0)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%16 S7i8+ 12(1) ()%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%16 S7i8+ 12(1) (i)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 14 S7i8+ 12(1) (?)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 14 S7i8+ 12(1) ()%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 1 SUMMAR PROCEDURE%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 19 O?7%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 19 P$8du$%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 19
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INTRODUCTION According to the #urphy1s aw of 2conomic +olicy states that 3 Economists have the least influence on policy where they know the most and are most agreed; they have the most influence on policy where they know the least and disagree most vehemently4.5 6hile most economists agree that rent controls are bad, nothing of note has been done towards deregulating rents, especially in India. Also, the sheer diversity of rent control laws e$isting in various states and countries, coupled with phenomenal economic diversity makes it very difficult to generali7e the argument across borders, and thus makes the task of policy makers that much more difficult.
THE DELHI RENT CONTROL ACT: HISTORICAL BACKGROUND %he first rent control measure in Delhi came after the outbreak of the 'econd 6orld 6ar in 5/8/, under the Defense of India )ules. %his was restricted to 9ew Delhi and the 9otified Area, :ivil 'tation. In 5/;<, the provisions of the +unjab &rban )ent )estriction Act, 5/;5 were made applicable to the r emaining areas of Delhi. It was soon reali7ed that the provision of the +unjab Act were insufficient for a city like Delhi and thus, it was supplemented by another =rder under the Defense of India )ules in 5/;;. After the war, another comprehensive legislation was passed for all parts of Delhi by the name of %he Delhi and Ajmer #arwara )ent :ontrol Act, 5/;>. In 5/0<, it was repealed by %he Delhi and Ajmer )ent :ontrol Act, which substituted it and ceased the application of rent Acts of other states to certain parts of Delhi.
1 A )ent Affair, +aul Krugman, %he &nofficial +aul Krugman ?http@www.pkarchive.orgcolumnB>CC.html
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Another attempt was made in 5/0E to plug certain loopholes of the 5/0< act. In the same year, the 'lum Areas -Improvement and :learance Act was passed which sought to protect the interest of the slum dwellers. %he ne$t comprehensive enactment on rent control in Delhi was passed in 5/0E and came into force on !ebruary /, 5/0/. %his is the current legislation of rent control in Delhi and it e$tends to the areas included within the 9ew Delhi #unicipal :ommittee and the Delhi :antonment oard, together with the urban areas of the #unicipal :orporation of the &rban Areas in Delhi. !irst, let1s discuss about %he 'lum Areas -Improvement and :learance Act, 5/0B and then we will move forward towards the Delhi )ent :ontrol Act, 5/0E.
THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956 An Act no. /B of the year 5/0B, being F%he 'lum Areas -Improvement and :learance Act, 5/0B1, a :entral *overnment legislation, was assented on < Del. 8; -!. AI) 5/>> ': >E/. 2/P'0
tenants in slum areas from eviction, unless an alternative accommodation is available to them. %he e$tension of the provisions thereof is provided to the concerned &nion territoriesG however the &nion %erritories of the Andaman and 9icobar Islands and the accadive, #inicoy and Amindivi Islands are e$empted. %o bring into force the provisions of this Act, the :entral *overnment is empowered under this Act. 'imilarly, a separate date of commencement for each &nion %erritory could be provided, like, for &nion %erritory of Delhi, the Act brought into force on Eth !ebruary, 5/0>. %he important provisions relating to the purpose of the Act are given under second :hapter thereof. 'ection 8 is dealing with the declaration of any area which upon the report of concerned officer of on information, the competent authority satisfied that, any building in such area is not fit for human residence by the reasons mentioned in the provision, as slum area. !urther, the under the ne$t chapter contained in it, the Act provides for powers to the :ompetent authority for the purpose of reHuiring the improvement of such slum area, buildings which are found unfit for human residence. In the process of such improvement, the competent authority is reHuired to serve a notice to the owners of such buildings, under which such owners will be reHuired to conduct improvement within the period of 8C days from the date of such notice. And in case of failure of the =wner thereof, to perform the work reHuired under the 9otice, then the authority to perform the work and the e$penses will be recovered from such =wner as arrears of land revenue. %he :ompetent authority is also empowered to demolish such buildings which are found unfit for the human habitation and is of such conditions which cannot be made fit for such purpose. #oreover, the Act further makes provisions for clearance of the slum and conduct redevelopment thereof, under its chapterIJ. 'uch clearance of the
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slum can be made under these provisions by removing or demolishing every buildings in the slum areas on which the competent authority is satisfied that the same should be removed. In the process of such clearance of slum area, the first step which the competent authority is reHuired to take is to declare his intention in the notification, thereafter to make an order in this relation. 9otably, both this, notification and order at their stages should be first submitted to the Administrator thereof. =n confirmation of the order by the Administrator the owners of buildings are reHuired to demolish the same within B weeks or otherwise within the period so specified thereof. And similar to above, in case of such owners1 failure to perform demolition, the competent authority to perform the said demolition and recover the e$penses from such owners, as arrears of land revenue. =n such demolition, the competent authority is empowered to make plan for developing the cleared land by the =wners thereof. 'imilarly, for such improvement of slum area, any adjoining or surrounding land is reHuired as necessary for the purpose, and then the :entral *overnment can acHuire the land on payment of compensation to the owners thereof. %he Act under its fourth :hapter makes very important provisions as to protection offered to the %enant in the slum areas against eviction. %he section 5/ says that there should be previous permission of the competent authority even after having decree or order of eviction. %he :ompetent authority is reHuired to make an enHuiry and hear the tenant thereof, on any application made for such eviction. =n rejection of permission or otherwise, if any party thereof feels aggrieved can prefer appeal before the Administrator against the order of the :ompetent authority. %he eviction of tenants from government building is e$empted to cover under the provisions of this :hapter. #oreover, the provisions relating to power to enter, inspection, braking, etc. of such areas and its legality are given under chapter dealing with miscellaneous provision under this Act. :ertain important provisions among them, are 6/P'0
including the power of the :ompetent authority to direct persons carrying on any dangerous or offensive trade in the area of slum by its order. !urther, the offences under this Act have been defined under section 8<. It is given that, any person violates the order, notice, etc. under this Act, or acts otherwise which under this Act leads to an offence as given under the said provision, should be liable to punishment. %here are different punishments for different offences and the ma$imum punishment is an imprisonment of 8 months and fine as mentioned. %he :ourt can only proceeds with the prosecution, when there is prior sanction of the competent authority. %he :ompetent authority can delegate its powers in certain circumstances to other officers. And the actions of such competent authority or of any officer taken in good faith and also in pursuance of this Act, should not be subjected to any legal implication or sanction. %hese authorities are treated as public servants. !inally, the :entral *overnment is having authority to make rules under this Act, on the matters given under the provision of section 8/ of the Act, in particular for carrying on the object and purpose of the Act. ikewise, the *overnment has framed F%he 'lum Areas -Improvement and :learance )ule, 5/0B.
OBJECT PURPOSE OF THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956 %he Division ench of the Delhi (igh :ourt in a recent decision in Virender Singh v. State Bank of India 4 has recapitulated the importance and object of the 'lum :learance Act in matters where the landlord seeks to evict tenants under the relevant rent control legislation. %he relevant e$tracts from the judgment are reproduced herein belowG
2 Decided on 5< December
5<. %he object and purpose of a )ent :ontrol egislation was highlighted by the 'upreme :ourt in the decision reported as Gian Devi Anand v. Jeevan Kumar 5. In para <8 it was observed@ 3%he )ent Acts which are indeed in the nature of social welfare legislation are intended to protect tenants against harassment and e$ploitation by landlords, safeguarding at the same time the legitimate interest of the landlords. %he )ent Acts seek to preserve social harmony and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate interests of the landlords. %hough the purpose of the various )ent Acts appear to be the same, namely, to promote social justice by affording protection to tenants against undue harassment and e$ploitation by landlords, providing at the same time for adeHuate safeguards of the legitimate interests of the landlords, the )ent Acts undoubtedly lean more in favour of the tenants for whose benefit the )ent Acts are essentially passed.4 58. In the conte$t of the Delhi )ent :ontrol Act, 5/0E, the word L%enant is ‟
defined in clause -ii of 'ection <-l of the Act, as follows@ 3< -l 3tenant4 means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes . . . -ii Any person continuing in possession after termination of his tenancy . . .4 5;. It is apparent that the definition of Ltenant in the Delhi )ent :ontrol Act ‟
incorporates the concept of a statutory tenant. ut since the Delhi )ent :ontrol Act is not applicable to tenancies where the monthly rent payable is in e$cess of 5 5/E0 -< ':: BE8. /P'0
)s. 8,0CC, the Huestion of a tenant whose tenancy has e$pired by efflu$ of time or has been otherwise validly determined as per the %ransfer of +roperty Act, 5EE< becoming a statutory tenant does not arise. 50. %he essential object of the 'lum Act is entirely different. It was noted by a !ull ench of this :ourt in the decision reported as Bardu Ram v. Ram Chander . It was observed@
3 An essential o!ect of the Slum Areas Act is to enale the poor" who have no other place to go to and who" if they were evicted to remain in their dwellings until provision is made from a etter live for them elsewhere..# DESCRIPTION OF SLUM A slum is a heavily populated urban informal settlement characteri7ed by substandard housing and sHualor. > 6hile slums differ in si7e and other characteristics from country to country, most lack reliable sanitation services, supply of clean water, reliable electricity, timely law enforcement and other basic services. 'lum residences vary from shanty houses to professionallybuilt dwellings that because of poorHuality design or construction have deteriorated into slums.E &nder this act slum is defined as an area unfit for human habitation because of dilapidated buildings, overcrowding, faulty arrangement and design of buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities or any other combination of these factors. Dilapidated building can be assessed on its basis of repair, stability, freedom from damp, natural light M air, water supply, drainage M sanitary conveniences./
6 AI) 5/>< Del 8; -!. 4 W'7 '$ *-u@* '+d " d8 7" Bi*7 UNH'i7'7, &+"' (A$i- :..4)% UNHA!ITAT :..4 P$** R-'* 8+ i7* $8$7, The Challenge of Slums: Global Report on Human Settlements 2003". 9/P'0
%he case of La!shmi Chand Khemani v. Kuaram Devi in support of his submission that the word LtenantL must bear the same meaning in the 'lum :learance Act as in the Delhi )ent :ontrol Act. If a landlord obtains an eviction decree on the ground of subletting in respect of a premises in slum area without obtaining permission under section 5/, then the eviction order is a nullity.5C 6here permission is sought both under section 5/-; -a and 5/ -;-b of Act, competent authority should consider both. 55 +ermission under section 5/-5 -a cannot be granted in case tenant is not in a position to arrange alternative accommodation within his means, if evicted. 5< A subtenant is not a tenant under the Act and hence to evict him owner of the premises need not seek permission under 5/. 58
9 S-u@ A$' I@$8@+7 '+d C-'$'+ A7, P8*7d 8+ Ju+ ., :.15 (77#;;-'++i+07'+%8@;'7*;*-u@ '$'*i@$8@+7'+d-'$'+'7) 1. Albein Pl!oo #. $ana% &apur 199 RLR (N) 6: 11 $oginer Singh #. &.C. $ohore 22(1991) DLT 65 1: 'oor Ahme #. Rehmeti (i 2: (199.) DLT (SN) :4 1 &ailash Chan #. Ganpat Rai 199 RLR :42 (199) DLT 1 1. / P ' 0
DELHI RENT CONTROL ACT, 195!
CONTROL OF EVICTION OF TENANTS
Section 14 lays down notwithstanding anything to the contrary to any law or
contract, no order of eviction can be passed e$cept on the grounds mentioned under this 'ection. %hese words give the primacy to rent control law against other laws and the contract itself. A word Fonly1 has been used in 'ection 5; which makes these grounds as e$haustive but, no doubt, a landlord can have one or more grounds at the same time to get an eviction. 'ection 5; puts various riders before passing the orders of eviction. In simple words, an eviction order shall follow only if there are grounds mentioned under the Act. If the case is not covered under any of the grounds, no order of eviction shall follow. SECTION 14(1 (A
%he law does not provide the form of notice or its content, it is just that it must come from a proper Huarter i.e. the landlord or his counsel. In Ra"huna#h v. Anan# $arayan%&, ape$ court held that mere fact that the amount given in the notice was incorrect was no ground for holding that the notice was bad and the suit was not maintainable. 'ince the amount due is within the special knowledge of the tenant, it does not make such difference and the tenant is under a duty to pay or deposit as per 'ection <> of the *eneral :lauses Act. SECTION 14(1 (!
%he subletting is not an act forbidden or prohibited by law. %he tenant may sublet the premises depending upon the contract between him and the landlord. 12 5/BB ': 11 / P ' 0
It is only the absence of writing of the consent of landlord which makes sub letting a ground for eviction. %he e$pression 3sublet, assigned or parted with possession4, no doubt, are different concepts but in all, there is a transfer of legal possession of the premises to the persons other than the tenants. In Ass'ia#ed '#els '* +ndia v. Ran,i# -in"h%5, it was held that the initial burden of subletting is on the landlord but once it is discharged, the onus shifts on the tenant. In the case of Ja"dish rasad v. An"uri Devi % , it was held that merely by the presence of third party the court cannot assume subtenancy. A threejudge ench, in the case of Krishna/a#i v. ansra, %0 , has laid down that if a wife allows her husband to continue the business from the premises then it would amount to subletting. In arvinder -in"h v. Renu Gau#am%1, it was held that merely because a tenant has entered into a partnership he cannot be held to sublet if the use and the control is still with the tenant but if it is apparent that the tenancy has been divided or the possession has been distributed, it would amount to subletting. SECTION 14(1 (C
y this 'ection there is an embargo in a sense on a tenant no to use the premises for any other purpose otherwise than for which he was authorised under the agreement. In this 'ection, there is a change of user from residential to commercial or viceversa. %he change of the user should also be of such a 15 AI) 5/BE ': /88. 16 AI) 5/E; ': 5;;>. 14 AI) 5/>; ': /;. 1: / P ' 0
nature that is causing a public nuisance or damages the property or is detrimental to the landlord. In usha Devi v. Om ra!ash, it was laid down that for having eviction under 'ection 5;-5-c a notice should also be given to the tenant reHuiring him to stop the misuser and the period of one month should have elapsed from the notice. SECTION 14(1 (D
%his clause is attracted if the premises are letout for residential purpose only and the period of B months should be a continuous period. In Kail Bhar"av v. -.C. A""ar/al %, the court held that if the subtenant is in possession it would not mean that the tenant is in possession. In Baldev -ahay Ban"ia v. R.C. Bhasin24, the court defined and laid down the term Ffamily1 with a wider meaning. It has included not only the head of the family but also all the members, the descendants and the ascendants from a common ancestor who are living together in the same house. SECTION 14(1 (E
%he fiction and the mischief of this 'ection has undergone drastic changes in the recent past. %he (on1ble 'upreme :ourt in the case of -a#ya/a#i -harma (Dead) by LRs vs. ni'n '* +ndia 6 Anr .<5 has shown that how a judicial over
reach could and should take place, so as to bring the law in conformity with the demand of the society. It is also a prime e$ample that sometimes the judiciary should bring out the legislative aspect if the legislators have turned a complete blind eye due to votebank politics. 19 AI) . 1 / P ' 0
In -a#ya/a#i -harma (Dead) by LRs vs. ni'n '* +ndia 6 Anr .<<, it was held that 3Section $4%$&%e& of the $'() Act is violative of the doctrine of e*uality emodied in Article $4 of the +onstitution of India insofar as it discriminates etween the premises let for residential and non,residential purposes when the same are re*uired ona fide y the landlord for occupation for himself or for any memer of his family dependent on him and restricts the latter-s right to seek eviction of the tenant from the premises let for residential purposes only.# %he 'upreme :ourt further opined that 32nds of justice will be met by striking down the discriminatory portion of 'ection 5;-5 -e so that the remaining part thereof may read as under@ /he premises are re*uired ona fide y the landlord for himself or for any memer of his family dependent on him" if he is the owner thereof" or for any person for whose enefit the premises are held and that the landlord or such person has no other reasonaly suitale accommodation.# In the recent judgment of Delhi (igh :ourt in Aer' 7raders v#. L#d. v. 8'han -in"h and Anr "#$, (on1ble "ustice #anmohan 'ingh while adjudicating issue
pertaining to bonafide reHuirement of premises under the provisions of Delhi )ent :ontrol Act, 5/0E opined that, it is not permissile for the tenant to raise such issues pertaining to the age of the landlord" his e0perience and financial status. /hese issues are not much relevant for the purpose of deciding the application for leave to defend in the eviction petition if it is estalished prima facie that the re*uirement of the landlord is genuine and onafide and no triale issues are raised y the tenant.#
:: Iid. : "udgment dated C<.C5.
(on1ble "ustice referred to case laws under claimed circumstances like N old age, start of new business no e$periences reHuired, financial status of the landlord not relevant and bonafide reHuirement. It would be worth reproducing the cases referred in this category as timeless ratio.
THE OLD AGE In Dev Ra, Ba,a, v. R.K. Khanna2&, it was observed that 36here a landlord or his wife were unable to climb the stairs due to old age ailments and wanted to shift to the ground floor, such a need of the landlord was bonafide. A landlord can ask for ground floor for his convenience and comfort of his health.4 In Kuldi 8aha,an v. Krishna al and Ors.<0, this :ourt has observed that 36here landlady filed a petition on the ground of bona fide reHuirement as she and her husband are of old age and landlady1s intention was to shift residence for better medical treatment of her husband, no malafide was attributed and it was held that a period afflicted by Arthritis would not find it convenient to reside on first floor when ground floor is also owned by her.4
START NEW BUSINESS"NO E#PERIENCE RE$UIRED In Bal/an# -in"h Ch'/dhary 6 Anr. v. indus#an e#r'leum C'r'ra#i'n L#d "#%, it was held that 3It is not necessary for the landlord to plead and prove
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the specific business he wants to set up, if the landlord wanted the premises for business purposes.4 In Gurharan Lal Kumar v. -rima#i -a#ya/a#i 6 Ors "#&, it was observed that 1erely ecause the e0act nature of usiness has not een descried would not take away their onafide need to carry out a usiness %when admittedly oth the sons are dependent upon petitioner for this need&. It was oserved that if the usiness need is not disclosed this would not wipe away the onafide need of the landlord as has een pressed under Section $4%$& %e& of the 23+A"$'().# SECTION 14(1 (F
&nder this clause the necessity of making repairs of the premises is made a ground of eviction, if the same cannot be carried out without the vacation of the tenant from the premises. %he reason for repairs is that the building has become unsafe or unfit for human habitation. %he Act only considers the pulic interest" safety and well,eing of the persons and not the financial or commercial aspects involved in the repairs or reconstruction of the building as provided in some of the )ent :ontrol Acts. %o invoke this 'ection, the landlord must prove that@ 5. %he premises have become unsafe or unfit for human habitation. <. (e bonafide reHuires the same for carrying out repairs. 8. 'uch repairs cannot be carried out without the premises being vacated. SECTION 14(1 ('
It provides that the landlord is entitled to recover possession of the demised premises if it is proved that the premises are reHuired onafide by the landlord for the purposes of building or rebuilding or making thereto any substantial
:4 ):. )ev. 9o.
additions or alterations which cannot be carried out without the premises being vacated. %hus, two reHuirements of this 'ection are@ 5. %he premises are reHuired onafide by the landlord for the purposes of building or rebuilding or making thereto any substantial additions or alterations. <. %he court must be satisfied that the specified work cannot be carried out without the premises being vacated. SECTION 14(1 (
%he policy intended under this 'ection was that the landlords should also have their legitimate interests safeguarded. 6hen the tenant is no more the vulnerable class or the person in need, then he should not get the benefit under the Act. In the case of Gana# Ram v. Gaya#ri Devi 21 court held that the object of this clause is to protect or restrict the statutory protection with regard to only one tenancy. If the tenant acHuires another accommodation, he uses his protection under the Act. %he limitation period for Section $4%$& %h& is 5< years from the day of knowledge that the tenant has acHuired an alternative accommodation. SECTION 14(1 (I
*enerally, there are < kinds of tenancies@ i. ii.
=rdinary tenancy 'ervice tenancy
'ervice tenancy means that the tenant is occupying the premises because of the fact that he is in service or employment of the landlord. %he essential ingredients of this 'ection are@ 5. A lessorlessee relationship. : AI) 5//> ':
<. essee in service of the lessor. 8. :essation of service. In the case of 8adhubala v. -hri Ram -ien#i*i 6 +ndus#rial Researh 9'unda#i'n2, it was held that :ontroller only has to see whether the service of
the employee has been validly terminated or not. (e might not wait for the final orders if the abour :ourt. SECTION 14(1 ()
%his 'ection talks about that if a tenant has caused or permitted to cause substantial damage or impairment, then he is liable to be evicted from the premises. (ere the damage may be by the tenant himself or by any third party and the tenant has not stopped the third party. %he words Fmaterially1 or Fimpairment1 are very important. It means the diminishing of the Huality or strength of the premises or the construction which is of such a nature that decreases the value or utility of the building. Also in the case of -ura, ra!ash Ch'ra v. Bai, $a#h Dha/an34, following points have been laid down@ i. ii.
%he onus to prove the substantial damage is on the landlord. (e has to prove that the construction was made by the tenant or any other
iii.
person and tenant has not stopped the person. andlord has to prove by cogent evidence that the damage is substantial
iv. v.
and for this an e$pert can also be e$amined. 2very construction generally does not impair the utility. %he impairment has to be seen from the point of landlord and not the tenant.
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SECTION 14(1 (*
6hile creating leases, certain authorities like government, DDA, or #:D imposes certain conditions upon the person who has been allotted the premises. egislature has enacted this 'ection to curb the unauthorised use of this premise and also to enable the superior lessor to take back the leased land.
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SUMMAR% PROCEDURE %he egislature with the intent to provide Huick and simple procedure for deciding the petitions on the ground of bonafide reHuirement and also under 'ections 5;A, 5;, 5;: or 5;D introduced 'ection <0 by way of 5/>B Amendment. O!)ECT
It was hoped that with the enactment of 'ection <0 frivolous defences would not be raised and the landlords who were genuinely in need of premises for their own need would be able to recover possession as e$peditiously as possible. PROCEDURE
'ection <0-5 provides that the procedure specified in this section are to be followed in eviction petition under 'ections 5;-5-e, 5;A, 5;, 5;: or 5;D. 'ection <0 -< provides that the :ontroller to issue summons in the form specified in %hird 'chedule. 'ection <0-8-a provided for service of summons and lays down that the tenant can be saved summons by registered post and by publication in newspaper in addition to and simultaneously with the ordinary mode of services. 'ection <0 -8-b -Deemed services provides as to that when an acknowledgment purporting to be signed by the tenant or his agent is received by the :ontroller or an endorsement by the postal employee is received that the tenant or his agent has refused to receive summons, the :ontroller may declare that there has been a valid service of summons.
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'ection <0 -; provides as to that a tenant cannot contest unless he files an affidavit which discloses defence within 50 days of service of summons. In default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. 'ection <0-0 provides that if the affidavit by tenant discloses defence, then the :ontroller shall give to the tenant leave to defend contest the application on the ground specified in 'ection 5;-5O or 'ection 5;A. 'ection <0 -B says that hearing shall commence as early as possible. 'ection <0 -> mandates :ontroller to adopt and follow the practice and procedure of 'mall :auses :ourt. As per 'ection <0 -E there is no provision of appeal. (owever, (igh :ourt has the power of revision. &nder 'ection <0 -/ )ent :ontroller has the power of review. In the case of reisi'n -#eel :'r!s v. rem Deva $iran,an3%, the ': held that 'ection <0 is narrower than =rder 8>, :+: and this must be liberally construed and properly applied in the prescribed manners. ': made the following observations@ 5. =n combined reading of 'ection 5;-5 -e, 'ection <0-5 and -;, it emerges that unless tenant obtains the leave to defend, he is deemed to have admitted the averment made by landlord. <. After filing of affidavit by tenant, the jurisdiction of :ontroller is confined to considering affidavit of tenant and rejoinder affidavit of landlord, if any. 1 AI) 5/E< ': 505E. :1 / P ' 0
8. If affidavit of tenant disclosed any defence, it is obligatory upon the :ontroller to grant leave whether it is proved later or not, is immaterial. %he stages of proof are yet to come. ;. %his is a harsh procedure and weighed against the tenant. 'ection <0 is mandatory and if no application for leave to defend is filed it is obligatory for the )ent :ontroller to accept the statements made by the owner landlord and order eviction.
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!I!LIOGRAPH ARTICLES+REPORTS
5. Dev 'atvik, )ent :ontrol aws in India A :ritical Analysis, 9I&A 6+ CBC; <. =jha, 'hraddha, +rotection against eviction and fi$ation of fair rent, available at @ http@legalservicesindia.comarticleprint.phpPartQidR05C 8. +)' egislative )esearch. -
ill,
Accessed
on
5Bth
)ehabilitation and
August
at
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www.prsindia.orgbulltrackthelandacHuisitionrehabilitationandresettlementbill E. ;. India Infrastructure )eport
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