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robin hood (Manager)     14 October 2009

Court decision

Sir,

In case of no agreement between landlord and tenant and when the matter approches rent control court who is benefited and in which way? Does landlord has any specific advantages over tenant in this scenario?

People now talk in general that now courts are in favour of  fair landlords in rent control courts  and the cases are desposed within 1 to 2 yrs. How far it this true?

regards

 



Learning

 2 Replies

H. S. Thukral (Lawyer)     14 October 2009

The query in itself is not complete to give a proper reply.

The matter reaches the rent controller on a petition filed by the landlord for eviction and in case there is some trouble created by the landlord such as disconnection of water or power supply etc, then the tenant can approach the rent controller under the provision of rent control act which marginally varies from state to state.  From your query it appears that the matter before rent controller is in respect to ejectment of the tenant. The tenant if the rent control act applies can be evicted under specified grounds and if the same hold good the lanlord can get a favourable order. As such there is no purpose of an agreement of lease if the rent control act is applicable. An existence of simple relation of tenant-landlord  is enough. Therefore absence of an agreement under the rent control act is not significant. 

Earlier the courts were inclined to favour  tenants because the rent control act was brought in to protect tenants due to paucity of accomodation available. The object of  rent control act is not very relavant today due to large scale development in real estates and housing. Therefore courts are inclined to give relief to landlords in case of bonafide requirement/standard rent etc.     

niranjan (civil practice)     14 October 2009

The importance of agreement is to find out whether there is breach of condition and the landlord can sue on that ground, but if there is no agreement, the LL can file suit on the grounds as provided in law.


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