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...rent for any of the earlier periods. When the rate of rent payable each month and the quantum of arrears of rent are admitted, no problem arises in complying with Section 13(1) ...amount of rent payable by the tenant and directs fixation of a reasonable provisional rent in relation to the accommodation, which will be a summary inquiry, by the court. The dispute may arise in any ...rent and the quantum of arrears of the rent are in dispute though not the period for which arrears of rent are due;(ii) rate ...
...petitioner denied the relationship of landlord and tenant alleging therein that the premises in question were let out not by Mohan Lal but by his brother Sham Lal. The rate of rent was disputed and it was alleged t...that the premises in dispute were let out to the petitioner herein at the rate of Rs. 220/- per month but the tenant is not in arrears of rent and thus dismissed the ejectment petition. In appeal, the...of bona fide dispute regarding either rate of rent or the period but where the tenant has denied the relationship of landlord and tenant between the parties, the benefit of providing anot...
...found that the rent of the premises was Rs 150 per month and not Rs 200 as contended by the landlady. But he also found that the appellant was in arrears of rent from February 1, 1978 and not, as contended by him, ...consequences of the non-payment of rent if he pays or tenders the arrears of rent, if any, as calculated by him. His third submission was that since the rent was disputed and at least a part ...landlady approached the Rent Controller alleging arrears of rent when both the rate of rent as well as the period for which the rent was in arrears were in dispute and she was he...
...than the rent of the suit premises being Rs 2000 p.m, excluding water and electricity charges, can be drawn. We hold it accordingly.8. Though we are holding the rate of rent as ...to the rate of rent as to whether it was Rs 2000, and hence followed the dispute whether...inflate the claim. For example, the landlord may claim the arrears at a highly inflated rate of rent, or may claim rent alleging it to be in arrears though the same had already stood paid and for which the landlord...
...from 1-10-1993 at the rate of Rs. 300/- per month was demanded by this notice. The rate of rent is not in dispute. The defendant did not pay or tender the arrears of rent within ...218 (SC) = 2000(2) MPLJ 385, in which it has been held that where there is no dispute about the rate of rent the dispute is not covered by Section 13 (2) of the Act and a tenant takes the risk...suffering an order of eviction by raising a dispute in regard to the amount of rent payable by him while admitting the rate of rent and not making payment or deposit under sub-section (1)...
...interim order in favour of petitioner-tenant during pendency of appeal, the Lower Appellate Court has directed that petitioner shall pay rent at the rate of Rs. 4000/- per month and only on that condition ...in dispute and the Lower Appellate Court has acted beyond its jurisdiction since even as final relief no order could have been passed with respect to rate of rent.4. I find force in submission. An in...of rent and that being so, the Lower Appellate Court was not justified in entering into that dispute while considering the question, whether petitioner-tenant is entitled...
...a dispute in respect of rate of rent the Rent Controller passed an order under Section 11 on 30-7-1990 directing the appellant to deposit Rs 17,250 towards the rent for the period 1-1-198...period 1-1-1989 to 31-3-1989 at the rate of Rs 750 p.m and from 1-4-1989 to 31-7-1989 at the rate of Rs 1000 p.m So far arrears for the second period 1-4-1989 to 31-7-1989, admittedly there was a dispute ...this property to the present respondents in the year 1977. The rent then paid by the appellant was at the rate of Rs 275 p.m Thereafter, it was raised to Rs 343.75 p.m from 1-4-1979. Next enhanced to...
...Sub-section (2) of section 13, the order contemplated is only with regard to the dispute which may be either about the arrears of rent or about the rate or it may be both. His a...pleading payment, only with regard to the arrears of rent and not with regard to the rate of rent, it was obligatory on the defendant even in absence of an order under subsection (2) of ...to the arrears of rent, the operation of the whole of section 13 (1) of the Act was not arrested.
4. The contention of the learned counsel for the respondent was that the moment, ...
...application for framing of an additional issue in terms of the amended pleadings as to what is the rate of rent of the shop in dispute. Reply was filed to the said application and by the ...respondent has set up a plea that the premises had been rented out for a sum of `500/- per month, an additional issue needs to be framed as to what is the rate of rent of the premises in dispute. .... 1317/8, measuring 8 feet x 23 feet, situated on Railway Road, Kurukshetra, on monthly rent of `5,000/-, bedsides house tax. The written statement filed clearly mentions that the respondent had never paid a sum...
...D.V Sehgal, J.:— The tenant-petitioners filed an application under section 4 of the East Punjab Urban Rent Restriction Act, 1949 (for short ‘the Act’) for determination of the fair rent of the s...rent of the shop was Rs. 30/- per month but under the threat of eviction proceedings the respondents got the rent enhanced to Rs. 50/- per month. It was alleged that in the year 1938, within a period of 12...section 4 of the Act is to be treated as the basic rent of the premises in dispute. Enhancement over the basic rent can be allowed up to 50% under the aforesaid provision. Therefore the fair rent ...
...dispute of rate of rent covered by Section 13(2) of the Act. In the case of Jamnalal (supra) the Supreme Court has held as under:-
"14. Sub-Sec...Section 13 of the Act takes care of the situation when there is dispute as to the amount of rent payable by the tenant and directs fixa- tion of a reasonable provisional rent in relation ...rent and the quantum of arrears of the rent are in dispute though not the period for which arrears of rent are due;
II) rate of...
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...admitted rent. It is a wholly different matter where the question of the rate of rent is concerned. The determination of the question of the rate of rent might ...would not be under s. 189, but he seems to have put too narrow a construction on the expression “rate of rent.” He seems to have thought that to ascertain the rate of rent it would never be necess...as to the rate of rent that dispute may be raised in many different ways, as for example, where the landlord said the rent...
...1. This appeal arises out of a rent suit, the point in dispute being as to the rate of rent. Both the lower Courts have held that as the rent claimed by the plaintiffs was ente...rent roll prepared under Part 2, Ch. 10, Ben. Ten. Act, it cannot now be disputed.2. It is contended on behalf of the appeallants that the entry was not made under Part 2, Oh. 10 but...under Part 3. Prom the judgments of both the lower Courts I cannot believe that it was ever disputed in either Court that this entry was made under Part 2.3. Both the Courts below referred...
...dispute regarding the rate of the rent more than two years after the commencement of the tenancy, that is beyond the period of limitation fixed by Section 12 of the Act. In Man Mo...precluded him from trying to get that benefit again. No order could, therefore, be made by the Rent Controller either under Section 15(1) or Section 15(3) for the deposit of rent by the tenant for...meaning of sub-section (1), of section 15. An order for deposit of rent could not, therefore, be made by the Controller under section 15(1). It could, however, rightly be made by him and ...
...who continues to remain in possession during the pendency of the proceedings to perform his obligation to deposit the rent regularly. It also enables the court to determine the rate of rent at which the de...landlord may make an application at any stage of the suit for order on the tenant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent, if any; and the court..., after giving an opportunity to the parties to be heard, may make an order for deposit of rent at such rate as may be determined month by month and the arrears of rent, if any and on failure of t...
...stating that the rate of rent was Rs. 20/- per month and the arrears due was only Rs. 340/- and tendered that amount with the application saying that they were making the deposit without prejudice to their rights. It is tru...considered as one raising dispute regarding the rate of rent under section 32(3) and that without deciding that dispute the lower Court was wrong in entertaining the application under section 32(4...application made by the petitioners on 6th February, 1980 cannot be taken as an application to dispute the rate of rent. It was filed only for depositing the rent at the rate of Rs. 20/-....
...this view, on the decision of this Court in the case of Radha Prasad Singh v. Mathura Chaube where it was laid down that the words “rent payable by the tenants” mean the rate of ...to the rate of rent that dispute may be raised in many different ways, as, for example, where the landlord said the rent payable was Rs...cultivation of the defendant and the rent admitted by the defendant on the area which he admittedly held, would work out to the same rate of rent per bigha, therefore no appeal lay; and he relies, in suppo...
...the tenant. In view of this, learned Rent Controller was well within its jurisdiction while directing the tenant to make payment of rent for the period prior to the sale deed. No illegality or perversity is pointed...petitioner is a tenant in the demised premises @ Rs.2,000/- p.m. and is in arrears of rent w.e.f. 1.4.1993. Before the learned Rent Controller tenant-respondent has asserted that rate of rent is R...Controller shall decide the question of rate of rent and period of arrears of rent while deciding the eviction petition finally.
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...accommodation in dispute is situate, Rs 1,000/- per month rent would be reasonable rent in the facts and circumstances of the case. Learned Counsel for tenant-petitioner argued that enhancement of ...Court, it is directed that w.e.f May, 2004 onwards tenant-petitioner shall pay rent to the landlord-respondent at the rate of Rs. 1,000/- per month.Petition Allowed....is described as Mumtazul Haq through Waqf Mutawalli. When the suit was filed U.P Act No. 13 of 1972 was squarely applicable to the building in dispute. In the plaint of the...