1. Delhi Rent Control Act, 1958 (59 of 1958) - Delhi Municipal Corporation Act, 1957 (66 of 1957) Section 1(2) - Once the area has been included as urban area within the Delhi Municipal Corporation ipso facto, the Delhi Rent Control Act shall be applicable the argument is totally misconceived - Even if any new area is included within the urban area of Municipal Corporation of Delhi, a further notification is required to be issued under proviso to Sub section (2) of Section 1 of the Delhi Rent Control Act. (173) PLR (Del.)
  2. Delhi Rent Control Act, 1958 (59 of 1958) - No reason in the present case to draw a distinction between the monthly rent and license fee in respect of the demised property in the fact situation of the present case. (177) PLR (Del.)
  3. Delhi Rent Control Act, 1958 (59 of 1958) - Operation of the Act - Urbanization of an area is different than extending the operation of the Delhi Rent Control Act to the area in question. (174) PLR (Del.)
  4. Delhi Rent Control Act, 1958 (59 of 1958) Section 2(1) - A tenancy is a residential tenancy, then if the tenant dies after the contractual tenancy is terminated, and the legal heirs as specified in Section 2(l) of the Rent Control Act are not living with the deceased tenant and are not financially dependent on the deceased tenant, then the legal heirs are not tenants under DRT Act and a suit for possession is maintainable against them in the civil Court. (173) PLR (Del.)
  5. Delhi Rent Control Act, 1958 (59 of 1958) Section 3(c) - The intention behind section 3(c) of the DRC Act is that a premise which fetches a rent of Rs.3500/- per month should be exempt and that protection should be restricted to buildings fetching a rent of less than Rs.3500/- per month - Further, it emerges that if a tenant who has let out a property to a sub tenant is allowed the benefit of Rent control legislation, a serious anomaly would ensue - The tenant would get protection, leading to a strange situation where he cannot be evicted except on limited grounds specified in the DRC Act and that too only before the Rent Controller, whereas he could evict his tenants, that is, sub tenants by giving a simple notice under Section 106 of the Transfer of Property Act and then move a Civil Court. (177) PLR (Del.)
  6. Delhi Rent Control Act, 1988 (59 of 1988) Section 2(1) - In case a tenancy is a residential tenancy, then if the tenant dies after the contractual tenancy is terminated, and the legal heirs as specified in Section 2(l) of the Rent Control Act are not living with the deceased tenant and are not financially dependent on the deceased tenant, then the legal heirs are not tenants under DRT Act and a suit for possession is maintainable against them in the civil court. (174) PLR (Del.)

 


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