The delhi rent act, 1995 & the public premises (eviction of unauthorised occupants) act, 1971
MEGHA CHAUDHRY
(Querist) 08 July 2012
This query is : Resolved
I own a shop which falls under the THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971. However, as per the last signed lease with the landlord which was active up till 2006 my rent was Rs. 2835/- per month which is less than Rs. 3500/- and thus falls under the Delhi Rent Act. The landlord is not renewing the lease and taking unfair advantage of the Public Premises act to evict me. I have been asked to pay damages and an increase in rent which is almost 30 times of what my previous rent was. As the public premises act does not give clear guidelines regarding the increase of rent I was wondering if I can fight my case citing the Delhi Rent Act ? Is it applicable in my case or I have to abide by the Public Premises Act only ?
Adv.R.P.Chugh
(Expert) 08 July 2012
Wherever the premises fall within the Public Premisis Act - Delhi Rent Control Act stands ousted.
MEGHA CHAUDHRY
(Querist) 08 July 2012
Oh well thats disappointing. Why exactly is that as from my knowledge both the acts are acts of the Parliament and fall under Concurrent List, then how is that one holds more precedence than the other ? Also, are there any provisions in the Public premises act about the increase in rent that a landlord is allowed to ? Because I am not sure of the legal aspects but morally it is blasphemous if the landlord demands exorbitant amounts of rent and then uses the public premises act to evict a tenant of 58 years. This cant be right !?
