AI Overview...
-
Hording Fixed to Buildings Rent Amount Due
-
Rent Arrears and Payment Orders
The courts have emphasized that arrears of rent under various rent control acts (e.g., Madras Buildings Act, 1949; Tamil Nadu Buildings Act, 1960; Bihar Buildings Act, 1947) must be paid according to the orders issued, and failure to do so can lead to eviction or other legal consequences. For example, in Nathmal Sumerimal and Co VS Kunala Purnachandra Rao - Andhra Pradesh, the court clarified that directing a tenant to put the landlord in possession does not amount to dismissal of the appeal, and arrears must be paid as per the order. Similarly, C. Ranganathan VS M. Suri - Madras states that if a tenant defaults in paying the rent, they are liable for eviction, especially if the fair rent fixed exceeds the agreed rent, and arrears are considered a debt owed to the landlord. -
Fixation of Fair Rent
Fair rent is typically determined based on the prevailing rent at the time of vesting or fixation, not future increases (I. T. C Limited VS State Of Bihar - Patna, The State of Tamil Nadu represented by the Collector of Madras (Accommodation Wing), Madras VS M. Kazim Khaleeli and others - Madras). Once fixed, this rent is usually not subject to future enhancement unless specified by law or order. For instance, under the Tamil Nadu Act, if the fair rent is less than the reasonable rent fixed by an authorized officer, excess recovery can be adjusted (The State of Tamil Nadu represented by the Collector of Madras (Accommodation Wing), Madras VS M. Kazim Khaleeli and others - Madras). -
Legal Consequences of Non-Payment
Non-payment or default in rent payment can result in eviction proceedings. Under the Bihar Act, failure to deposit rent within the stipulated time and amount can lead to eviction (Maksudan Prasad Kesarwani Alias Maksudan Prasad VS Abid Ahmad - Patna, T. Ramakrishnaiah VS N. Seshadri - Andhra Pradesh). The courts have held that unpaid rent constitutes a debt, and defaulting tenants can be evicted under the relevant provisions. -
Legal Procedures and Notices
Notices for recovery or eviction must adhere to statutory provisions, such as Section 106 of the Transfer of Property Act or specific rent control acts (SADASIVAN VS KESAVAN - Kerala). Proper notice and fixation of rent are essential for legal proceedings. -
Additional Points
The definition of occupy in the context of rent control is clarified as filling or using a space or area (SAROJ TYAGI VS GURMEET SINGH - Allahabad). Also, in cases involving partial assessments or buildings taxed as a whole, refunds or adjustments are only applicable if the entire building is assessed independently (BIDYUTLATA KUNDU VS STATE OF WEST BENGAL - Calcutta).
Analysis and Conclusion
The main insight from these sources is that rent fixed to buildings under rent control laws must be paid as ordered, and arrears are enforceable debts. Defaulting tenants are liable for eviction, especially if rent is not paid within the prescribed timeframe. Fixation of fair rent is based on prevailing conditions at the time of assessment, and subsequent increases are not automatic. Proper legal procedures, including notices and adherence to statutory provisions, are critical for enforcing rent recovery and eviction actions.
Search Results for "Hording Fixed to Buildings Rent Amount Due"
1962 0 Supreme(AP) 150 • India - Andhra Pradesh
SHARFUDDIN AHMED
this did not amount to the dismissal of the appeal. 4. ... make an order directing the tenant to put the landlord in possession of the building, and that this did not amount to the dismissal ... MADRAS BUILDINGS (LEASE AND RENT CONTROL) ACT, 1949 - SECTION 7(A) - INTERPRETATION - ARREARS OF RENT - PAYMENT ACCORDING TO ORDER ... The arrears of rent due in respect of the building under section 7 (A) (1) therefore will have to be inter....
1993 0 Supreme(Pat) 256 • India - Patna
R.M.PRASAD, S.B.SINHA
It goes without saying that if the petitioner has deposited any amount towards rent pursuant to the interim order dated 11-1-1993 ... The fair and equitable rent has to be fixed keeping in view the rent as was prevailing on the date of vesting and not on the date ... Once the fair and equitable rent is fixed, the same is not liable to any enhancement in future. 9. ... According to him, an employer permitting an employee to occupy a quarter will not amount#HL....
1993 0 Supreme(Mad) 46 • India - Madras
MISHRA, S.M.ALI MOHAMED
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960-Section 3(5), proviso-Fair rent fixed for building occupied by Government ... Where the fair rent fixed is less than the reasonable rent fixed by the authorised officer, then Explanation to Sec.3(5) would be attracted and the recovery of the excess amount or adjustment of the same shall be governed by the terms of the Explanation.” ... However, they restricted....
1987 0 Supreme(Mad) 39 • India - Madras
M.N.CHANDURKAR
rent-Tenant to pay the difference of rent amount-In case of default in payment tenant liable for eviction. ... Tamil Nadu Buildings (Lease and Rent Control) Act, 1960-Section 10(2X0 and 11(4) - Fixation of fair rent at higher rate than agreed ... Holding that the arrears of rent could only amount to a 'debt' the Appellate Authority further held that the landlord was not entitled to file an application under Section 11(4) of the #H....
1999 0 Supreme(Cal) 550 • India - Calcutta
Y.R.MEENA
or refund applies to buildings that have been assessed for tax as a whole, and not to parts of buildings that have not been independently ... or refund applies to buildings that have been assessed for tax as a whole, and not to parts of buildings that have not been independently ... Final Decision: The court dismissed the petition, holding that the petitioner was not entitled to remission or refund of municipal ... of the amount of tax due for the period of such vaca....
1985 0 Supreme(Ker) 270 • India - Kerala
VARGHESE KALLIATH
Kerala Buildings (Lease and Rent Control) Act - Validity of Suit Notice - S.106 of the Transfer of Property Act Fact of ... the Case: The suit was for recovery of a building in the possession of the defendant as a building tenant. ... The court also found that the defendant did not continue as a tenant holding over. ... The suit was for recovery of a building in the possession of the defendant as a building tenant. The Kerala Buildings (Lease and #H....
1962 0 Supreme(Pat) 124 • India - Patna
KANHAIYA SINGH, RAMRATNA SINGH
The defendant claimed that the tenancy was unlawful as no fair rent had been fixed as required by the Bihar Buildings (Lease, Rent ... Final Decision: The High Court dismissed the appeal, subject to a modification regarding the amount of rent payable by the ... LANDLORD AND TENANT - Rent and Eviction - Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947) ... He was, however, unable to grant a decree ....
1986 0 Supreme(Pat) 341 • India - Patna
B.N.AGRAWAL
BIHAR BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1947 - SEC. 11(1)(D) - DEFAULT IN PAYMENT OF RENT - ADJUSTMENT OF COST ... of Sec. 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, and was liable to be evicted on this ground ... Issues: Whether the defendant was a defaulter in payment of rent within the meaning of Sec. 11(1)(d) of the Bihar Buildings ... But Sec.11 (1)(d) of the Act is as follows: Whereas the amount#HL_EN....
2013 0 Supreme(All) 226 • India - Allahabad
SUDHIR AGARWAL
Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 19—Re-allotment—Release of shop in dispute—Revocation ... Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1971 (hereinafter referred to as the “Rules, 1972”). ... The word “occupy” has been defined in “Oxford Advanced Learner’s Dictionary of Current English” published by Oxford University Press, Seventh Edition, at page 1049: ... “Occupy : 1. to fill or use a space, an area or an amount of time. . . . 2. to l....
1971 0 Supreme(AP) 124 • India - Andhra Pradesh
P.RAMACHANDRA RAJU
RENT CONTROL - ANDHRA PRADESH (BUILDINGS LEASE, RENT AND EVICTION CONTROL) ACT - SECTION 11(4) - FAILURE TO PAY RENT - EVICTION ... within 15 days from 1-9-1970, as required under Section 10(2) of the Andhra Pradesh (Buildings Lease, Rent and Eviction Control) ... - TIME OF PAYMENT OF RENT - ESSENTIAL TERM OF LEASE - FAILURE TO DEPOSIT RENT DUE ON 1ST SEPTEMBER, 1970 - SUFFICIENT CAUSE - ORDER ... was bound to pay the remaining #HL_....
Filter by Legal Phrase
