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Deepak

(Querist) 02 May 2009 This query is : Resolved 
Dear Sir,

Kindly tell me what is Tanant Right aginst Landlard? and under which section we can get protaction? Plz also sugest me is there any Rent decleared by Law.
A V Vishal (Expert) 02 May 2009
Different states have different rent control acts, from which state are you from?
Jaswant Singh (Expert) 02 May 2009
Protection to tentant is depend upon the state law which varies from State to State therefore it is important to know which state you are discussing
deepak (Querist) 02 May 2009
I am belonging from New Delhi.

Sorry for Incomplete Question.
Y V Vishweshwar Rao (Expert) 02 May 2009
Whether Your Building is cover under the Local Rent control Act ?

The Rent & age of the Building and whether the Building is exempted under the Rent Control Act to be considered -in AP
A V Vishal (Expert) 02 May 2009
Is the property a residential or a commrcial tenenment?
deepak (Querist) 02 May 2009
Dear Sir,

It is Residential House situtated at Village - Pilanji, Kotla Mubarakpur, New Delhi - 110003. But i don't know age of the Building and whether the Building it is exempted under the Rent Control Act or not. However i am paying 2000 Per Month Rent. and Electricity Charges Rs. 5 Per Unit whereas the actual Electricity Charges is about Rs. 3 Per Unit.

Awaiting for your Answer.
A V Vishal (Expert) 02 May 2009
14. Protection of tenant against eviction. - (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by and court or Controller in favour of the landlord against a tenant:Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely: -(a) That the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a landlord in the manner provided in section 106 of the Transfers of Property Act, 1882 (4 of 1882);(b) That the tenant has, on or after the 9th day of June, 1952, sublet, assigned or otherwise without obtaining the consent in writing of the landlord;(c) That the tenant has used the premises for purpose other than that for which they were let-(i) If the premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord; or(ii) If the premises have been let before the said date without obtaining his consent;(d) That the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof;(e) That the premises let for residential purpose are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof , or for any person for whose benefit the premises are held and the landlord or such person has no other reasonably suitable residential accommodation;Explanation.- For the purpose of this clause, "premises let for residential purpose" include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes;(f) That the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated;(g) That the premises are required bona fide by the landlord for the purpose building or re-building or making thereto any substantial additions or alterations and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated;(h) That the tenant has, whether before or after the commencement of this Act, (Note: The word "built" omitted by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) acquired vacant possession of, or been allotted, a residence;[(hh) (Note: Ins. by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) That the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years have elapsed there-after;](i) That the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment;(j) That the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to the premises;(k) That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate;(i) That the landlord requires the premises in order to carry out any building work at the instance of the Government or the Delhi Development Authority or the Municipal Corporation of Delhi in pursuance of any improvement scheme or development scheme and that such building wo
RAKHI BUDHIRAJA ADVOCATE (Expert) 23 May 2009
Nicely replied by Mr. Vishal.


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