Past Question Papers on Rent Control

Past Question Papers on Rent Control

2017

1.(a) Distinguish between lease and license. What is the significance of this distinction under Delhi Rent Control Act, 1958 (in short DRCA, 1958)?

(b) Examine whether following instances fall under lease or license:

(i) Room in a hostel .

(ii) Barber shop in a five star hotel.

2. In an eviction suit, filed under DRCA, 1958, in respect of commercial premises, an objection is taken by the landlord, after the death of the tenant, that tenancy cannot be inherited by legal heirs of the deceased, in view of section 2(1) of the said Act. Decide the objection in the light of relevant provisions of law and decided cases.

3. In a suit for eviction filed against the tenant under DRCA, 1958 on the ground of non-payment of rent, Ren: Controller passed an order under section 15(:) ü lislenant le pay to arras creol wither. omt 03ct of the date of passing of the order. Bui, tract failed to deposit the rest in compliants of Rent Coat:o:er’s order. Can the Rect Coatrollor exicac 10a! period of one month? Support your answer with recr: provisions of law and decided cases.

4. A suit for eviction is filed under Chapter III-A of DRCA, 1958 in respect of a premises situated in a slum area, without taking any permission from the Competent Authority under Slum Areas (Improvement and Clearance) Act, 1956. Examine the maintainability of such a suit for eviction. Support your answer with suitable case law and relevant statutory provisions.

5. Decide the challenge by landlord to the constitutional validity of provisions in respect of:

(a) Standard rent under the DRCA, 1958.

(b) Applicability of ground of eviction pertaining to bona fide requirement under clause (e) of proviso to subsection (1) of Section 14 of the DRCA, 1958 to only residential premises, as it stood prior to the judgment of Satyawati Sharma v/s UOI 2008 (6) SCACE 325.

6. Write short notes on any two:

(a) Subletting

(b) Limited period tenancy

(c) Notice under Section 106 of Transfer of Property Act, 1882.

7. Distinguish between the nature of grounds of eviction available under clauses (c) and (k) of the proviso to subsection (1) of Section 14 of the DRCA, 1958.

8. Explain briefly any two of the following, with the help of relevant statutory provisions and case law:

(a) Premises which are exempted from applicability of DRCA, 1958.

(b) Remedy against cutting off or withholding essential supply or service under DRCA, 1958.

(c) ‘Tenant at sufferance’ and ‘Tenancy by. holding over’.

(d) Eviction of a tenant on the ground of his having acquired vacant possession of, or been allotted, a residence under DRCA, 1958.

2015

1.Distinguish between lease and license. Why is this distinction significant under the Delhi Rent Control Act, 1958?

2. Explain briefly  as to whether “tenancy” under the Delhi Rent Control Act is hereditable. Mention the relevant statutory provisions and case law

3. What are the pre-requisites for filing  a suit for eviction on the ground of non payment of rent? What is the power of rent controller upon proving all essentials ground  of eviction? Explain with the help of statutory provisions.

4. Briefly explain the summary procedure under Chapter IIIA of the Delhi Rent Control Act, 1958.

5. (a) What is the defence available to a tenant in a suit for eviction filed by the landlord against the  tenant on the ground of bonafide requirement? .

(b) Under what circumstances can a tenant contest the suit for eviction filed against him on the ground of impermissible use of the tenanted premises under the Delhi Rent Control Act, 1958?

6. With the help of judicial pronouncements and statutory provisions explain briefly what are the guidelines for Competent Authority under the Slum Area (Improvement and Clearance) Act, 1956 to grant permission to the landlord for filing of a suit for eviction against the tenant from a premises situated in a slum area. Explain as to whether such a permission is essential if the eviction proceedings are to be initiated under the provisions of Sections 14(1)(e), 14A, 14B, 14C or 14 D of DRC Act, 1958?

7. Write short notes on any two 

(a) Pronouncement of the Apex Court in V. Dhanpal Chettiar v/s Yasodai Ammal, 1979 (4) SCC 214 ..

(b) Applicability of Delhi Rent Control Act, 1958 .

(c) Subletting

(d) Limited Period Tenancy

(e) Notice under Section 106 of T.P. Act, 1882.

8.(a) what is the difference between ground of eviction available to landlord under section 14(1)(c) and 14(1)(k) of the Delhi Rent Control Act, 1958 ?

(b) What do you mean by “tenancy by holding over”? How is a tenant by holding over different from tenant at will and tenant at sufferance?

2014

1.(a) Definition of ‘Tenant’ under DRCA 1958.

(b) Premises exempted from the purview of DRCA. 195X 

(c) Limited Period Tenancy 

(d) ‘Notice’ under ORCA, 1958 

(e) Tenancy by Holding over and Tenant by .suffice<lance. 

2.What is the difference between Lease and License and why this distinction is important under DRCA, 1958 ? What will happen 111 tile following case A’ gave a room to · 8′ to run a shop of Hair Dresser. This room is a part of a Hotel building. As per the License agreement Licensee shall. pay Rs. 8,000 annually in two instalments and could transfer his interest with the consent of Licensor. He could run any other business with the condition of paying the above mentioned amount to the licensor. Licensee has been in the possession of this shop for the last 5 years. Now the Licensor wants to revoke the License. The Licensee has challenged it before the competent court. Decide with the help of relevant cases.

3.’A’ filed an application for eviction on the ground of non- payment of rent by his tenant ‘B’ before Rent Controller. Rent-Controller ordered tenants to deposit the arrears of rent but in the mean. the time suit was . withdrawn by ‘A· on the technical ground of non-i~suance of notice to · B’. Subsequently if tenant ·did not pay rent for 8 consecutive months then what will be the procedure of eviction. Whether u/s 15(7) Rent Controller has any discretion to extend the prescribed time period of one month to deposit the arrears of rent. Decide with the help of relevant case laws.

4. Since 1942 ‘D’ has been in possession of residential premises. Lund lord ‘E’ filed an eviction application before the Rent Controller on the ground that ·o· is a subtenant and did not issue any notice of sub-tenancy to ‘E’ as prescribed in procedures or ORCA, 1958. Decide with the help of decided cases. whether ·o· may avail the protection of S/18 of ORCA or not.

5.What is the difference between Statutory tenancy and Contractual tenancy ? Whether statutory tenancy is heritable in case. of commercial premises ? Discuss with the help of decided cases.

6. Discuss the eviction on the ground of bonafide need under ORCA. 1958 and also in the light of Amendment Act of the year 1976.

7. With the help of relevant case laws discuss the eviction on the ground provided u/s 14(l)(K) of ORCA, 1958. 

8.What is the objective of the Slum Clearance Act ? Explain the  protection available to a tenant in a building situated in Slum Area with the help of relevant provisions and judicial decisions.

2014

1.Distinguish between Lease and Licence. What are the tests to judge whether a document is a lease or licence? Refer to decided cases to illustrate the difference. 

2. State the law relating to heritability of tenancy in the case of death of the statutory tenancy in respect of: 

(a) Residential premises 

(b) Commercial premises. 

Discuss with the help of relevant case law. 

3.Discuss whether the provisions of Standard Rent under Sections 4, 5, 6 of DRCA, 1958 violate the provisions of the Constitution. Discuss with relevant case law. 

4. A suit for eviction is filed by the landlord against a tenant under Section 14(1)(9) of ORCA, 1958. The Rent Controller passes an order under Section 15(1) of the Act, requiring the tenant to deposit the rent. The tenant while going to deposit the rent on the last day of limitation period under Section 15(1) meets with an accident and is hospitalised for a few days. The · landlord claiming non-compliance of the order under Section 15(1) asks for the eviction of the tenant. The tenant on the other hand insists on the condonation of delay. Discuss with reference to case law.

5. Critically discuss before and after the Supreme Court judgement in Satyawati Sharma V. Union of India, 2008 (6) SCALE 325, the ingredients required to be  established by the landlord in a suit for eviction under Section 14(1)(e) of DRCA,

6.Bring out the distinction between Section 14(1)(c) and Section 14(1)(k) of DRCA, 1958 with the help of judicial decisions. Discuss the possibility of exclusion of clause (c) by clause (k). 

7.With the help of decided cases discuss the guidelines for Competent Authority (under Slum Improvement and Clearance Act, 1956) to grant permission for the eviction of a tenant from premises situated in slum areas. Is such permission necessary if the eviction procee- dings are under Section 14(1)(c), 14A, 14B, 14C, 14D of DRCA, 1958? 

8. Write short notes on any two of the following: 

(a) Limited period tenancy under DRCA, 1958. 

(b) Non-occupation as ground of eviction under DRCA, 1958. 

(c) When can a petition under Section 14(1)(c) of Delhi Rent Control Act, 1958 be filed? 

(d) Subletting as ground of eviction under Delhi Rent Control Act, 1958. 

2013

1.Distinguish between lease and licence. Why is this distinction important under ORCA, 1958 ? Support your answer with relevant case law. 

2.A is a statutory tenant of a godown in Delhi. He died in 2008. Whether his statutory tenancy is heritable ? What will your answer be if the premises are purely residential or residential cum-commercial ? Discuss the same under DRC Act, 1958 in the light of relevant case laws. 

3. (a) Pooja did not pay rent to her landlord for over 2 years in spite of 2 months demand notice from the landlord. The landlord accordingly filed an eviction petition against Pooja under S 14(1 )(a) of Delhi Rent Control Act. Decide. 

(b) Elaborate the circumstances under which the rent controller may give benefit under S.l4(2) of Delhi Rent Control Act, 1958 to the tenant. 

4. (a) Mohan was living in a rented premises with his brother- in-law and his family. Mohan got transferred from Delhi to Mumbai in the year 2012. The tenanted premises were occupied by his brother-in-law who was paying rent to the landlord. The landlord however filed an eviction proceeding against Mohan under S. 14(1)(b) on ground of sub-letting and parting with possession in favour of sub-tenant without written permission of the landlord. Will the landlord succeed ? Decide in the light of relevant case law.

(b) Delhi Development Authority gave lease of land to B for constructing premises for residential purpose. B constructed premises on it and let out a portion of it for commercial purpose to C. DDA issued show cause notice for forfeiture of lease on ground of misuse of land to B. 8 thereafter gave a notice to c to stop misuse or vacate. C did not stop the misuser. B filed a suit for eviction under S.l4(1)(k) of DRC, 1958 against C. C pleaded estoppel against B. Decide and discuss. 

5. (a) ‘X’ owned a flat in Greater Kailash-1 which he rented to ‘C’ on lease for 25 years @ Rs. 350 p.m. in the year 1975. ‘X’ was residing in Mumbai as he was employed there and on being transferred returned to Delhi in the year 1980 and was forced to shift himself along with 3 other · family members to a rented accommodation. In 2010, ‘X’ filed a petition under S.l4(1)(e) read along with Section 25-B of DRC Act, 1958. Discuss the procedure laid down under S/25-B and also the condition to be fulfilled for obtaining the order of eviction under section 14( 1)( e) of DRC Act, 1958. 

(b) Critically analyse before and after the Supreme Court’s judgement in Satyawati Sharma Vs. Union of India the ingredients required to be analysed by the landlord m a suit for eviction under S. 14( 1)( e) of DRC Act, 1958. 

6. Ram is a tenant of Sunil in an old and dilapidated building situated in a slum area of Delhi at Rs. I 0 p.m. Sunil wants to reconstruct the building for which Ram’s eviction is necessary under Rent Act. Sunil therefore seeks permission under S. 19 of the Slum Areas (Improvement and Clearance) Act, 1956. Ram takes the objection that Sunil is not his landlord and he is too poor to find an alternative accommodation. You are the competent authority. Decide. Also state whether such permission is necessary if the eviction proceeding IS under section 14(1)(e), 14-A to 14-D of Delhi Rent Control Act, 1958. 

7(a) A” took a house on rent from · B · and started living there with his father, mother and two brothers apa11 from his wife and two children. ·A· along with his wife and children migrated to England about 2 (two) years back. B  filed an eviction petition under S.l4(l)(d) DRC Act. Will B succeed?

(b) The Rent Controller granted permission to ‘X’ to let out his house to ·y· for two years. The statements of both the parties were recorded by the controller. On the expiry of the two years, ‘Y’ did not vacate the house on the ground that the reason for letting ‘X’ at the time of grant of permission was false. Is the objection taken by ‘Y’ maintainable ? Decide. 

8.(a) Termination of tenancy under Transfer of Property Act, 1882. 

(b) Distinction between 14-A and 14-C of the Delhi Rent Control Act, 1958. 

(c) Fixation of standard rent. 

(d) Proviso(h) to S.l4(1) as a ground of eviction. 

2012

1. Write short notes on any two of the following:-
(a) How can tenancy be terminated under Transfer of Property Act?
(b) Limited period tenancy under DRCA, 1958.
(c) Sub-letting as ground for eviction.

2. (a) What is a lease and what can be its duration, how can it be created. Can a lease be created orally?

(b) Distinguish between lease and licence, why is this distinction important under DRCA 1958? Support your answer with relevant case law.

3. Mere determination of contractual tenancy does not in any way bring any change in the statue of s tenant. So called ‘statutory tenant’ enjoys the same right as the contractual tenant. Discuss elaborating the rights of legal heirs of both residential and commercial statutory tenant under DRCA, 1958.

4. Discuss whether the provisions of Standard Rent under Section 4,5,6, of DRCA, 1958 violates the provisions of Constitution.

5.(a) Landlord filed eviction petition under Section 14(1)a. The Rent controller passed an order under Section 15(1), which was duly complied with by tenant. Thereupon landlord’s application was dismissed by controller. Subsequently, on a default for consecutive period of three months, the landlord files a petition under Section 14(1)a. He pleads the bar of Sec.14(2) as the controller allows the tenant to deposit rent Under Section 15(1). Decide.

(b) A suit of eviction is filed by a landlord against a tenant under section 14(1)a. The Rent controller passes an order under Section 15(1), requiring the tenant to pay the rent. The tenant pays the rent to the advocate appearing for her but he commits breach of trust and disappears. The landlord claiming non-compliance of the order under Section 15(1) asks for eviction of tenant. The tenant on the order hand insists for condonation of delay. Decide.

6. (a) “In our country blood relations do not evaporate merely because a member of family leaves his household and goes out for some time.” Analyse the statement in view of Section 14(1)d of DRCA, 1958.

(b) Discuss the difference in applicability of clause (c) and clause (K) of Section 14(1) of DRCA, 1958 with the help of decided cases.

7.(a) X, a landlord had given one room of his house on rent where he was staying for business purpose in 1985. In Jan 2010, X landlord called upon the tenant to vacate the premises as the same is required for bonafide need of his son who has grown up and staying with him and wanted to start business in that premises. Discuss and decide.

(b) Discuss the procedure which the rent controller shall follow in passing a decree for eviction under Section 14(1) C of DRCA, 1958.

8. With the help of decided cases discus the guidelines for competent Authority (Under Slum Improvement and Clearance Act, 1956) to grant permission for the eviction of a tenant from a premises situated in slum areas. Is such permission necessary if the eviction proceedings are under 14(1)C, 14A, 14B, 14C, 14D of DRCA, 1958? Discuss.

LL.B. V Term Supplementary Examinations, June-July, 2011

Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.

1.   Attempt briefly any four of the following:
(a) Distinguish the concept of tenancy by holding over statutory tenancy.

(b)  Give a list of premises that are exempted from the applicability of Delhi Rent Control Act, 1958.

(c)  Requirement of notice for terminations of tenancy under Delhi Rent Control Act, 1958.

(d)  Proviso (d) to S. 14(1) as a ground of eviction.

(e)  Definition of Landlord under Delhi Rent Control Act, 1958.

2.  State the law relating to heritability of tenancy in case of the death of the statutory tenancy in respect of

(a) Residential premises

(b) Commercial premises

Discuss with the help for relevant case law.

3. (a)  The premises in dispute where built on lease hold land. One of the terms, of the lease between the landlord and the government was that the building to be put up on the eland would be used for the purpose of residential cottage. Landlord let out the same for running of a boarding and lodging house. The tenant continued this use not withstanding previous notice. Landlord claimed eviction under proviso (k) to S. 14(1). Will landlord succeed? Decide in the light of relevant case laws.

(b) Write a note on ‘Non Occupancy’ as a ground of eviction.

4. (a) “Plausibility of the defence raised and proof of the same are materially different from each other and one cannot bring in the concept of proof at the stage when plausibility has to be shown.” Comment with reference to the special procedure for trial of action brought under section 14A and 14(1)(e) of Delhi Rent Control Act, 1958.

(b)  A let out premises in suit to B for a period of three years by virtue of permission granted under Section 21 of D.R.C.A. 1958. After the expiry of the said period, A filed another application seeking permission to create limited tenancy for a period of 2 years in favour of B again, without mentioning the factum of having already created a limited tenancy in the his favour. B appeared before the Rent controller and made a statement on oath that he was willing to take the premises on lease for limited permission is illegal and void since the source was obtained by a by concealment of material facts. Decide the objections.

5. (a)   State the effects of non-compliance of an order passed by the rent controller u/s 15(1) of DRC Act 1958 in a petition u/s 14(1)(a) of the said act.

(b)   Elaborate the circumstances under which the rent controller may give benefit u/s 14(2) of DRC Act, 1958 to the tenant.

5.   Answer any two of the following:

(a)  Distinguish between subletting, assignment and parting with possession.

(b) Change of uber as a ground. It must be misuse of a nature specififed in 14(5). Elaborate.

(c) Sections 14(1)(4) & 14(1) (44) of DRCA, 1958.

6. A the owner of a double storey building, lets the same to B at a monthly rent of Rs. 1200/- for use as residence-cum-commercial (office). B uses the ground floor portion for his office and the first floor portion for residence. After three years A bonafide requires aleast one floor of the building. A makes an application before the Rent Controller for an order for recovery of possession of the whole of the house, or in alternative for the first floor u/s. 14(1)(e) B, the tenant, Contends that the petition shold be dismissed as the house was let to him for residence-cum-office. Decide the applications keeping in view the decisions of the Supreme Court in Satyawati Sharma vs. U.O.I.

7. Explaining the procedure to be followed in order to avail eviction on the ground of ‘Non payment of rent’ throw light on the following two aspects.

— Contoller’s power to condone default under section 15(7) and

— Circumstances under which a tenant can be said to have claimed the benefit under section 14(2) DRCA, 1958

8. Section 19(4) mention certain factors which are required to be considered by the competent authority while granting or effusing to grant the permission asked for. State those factors and also state whether such permission is necessary if the eviction proceeding and under section 14(1)(a), 14A-14D of DRCA, 1958.

LL.B. V Term Examination, December, 2011

Note:  Attempt any five questions. All questions carry equal marks.

1. Distinguish between Lease and Licence. Why is this distinction important under D.R.C. Act, 1958?

2. “Statutory tenancy is the posthumous child of the contractual tenancy.” Discuss elaborating the rights of the legal heirs of both residential and commercial statutory tenant under D.R.C. Act, 1958.

3. (a)  In a proceeding under Section 14(1)a of D.R.C. Act, 1958. The tenant gives the rent amount, including the arrears to his advocate to deposit in court in compliance with order of the controller under section 15(1) of the Act. The advocate misappropriates the amount and does not deposit in the court within the stipulated time. The landlord moves for the striking out the tenant’s defence and prays for decree of eviction.
Decide.

(b) Discuss the circumstances under which a tenant can be permitted the benefit of Section 14(2) in a suit for his eviction under Section 14(1) a of D.R.C. Act, 1958.

4. (a) Critically discuss before and after the Supreme Court’s judgement in Satyawati Sharma v. Union of India 2008 (6) SCALE 325, the ingredients required to be established by the landlord in a suit for eviction under Section 14(1) e of D.R.C. Act, 1958.

(b) Requirement of notice under Section 106 of TPA before filing an eviction application under D.R.C. Act, 1958.

5. A took a shop on rent from B for running a business of general store. Subsequently A, without the consent of B converted his business to books and stationary shop and also installed a printing press at the back portion of the shop. Further to finance his business A, inducted a partner P and executed a partnership deed with him. One of the clause of this deed clearly stipulated that the possession over the tenanted shop shall continue with A and on determination of the partnership the possession shall revert back to A along with no right or interest to P. B, files a suit of eviction against A under 14(1)b and 14(1)c of D.R.C. Act, 1958. Will he succeed on either or both these grounds? Decide.

6. With the help of case law discuss the guidelines for Competent Authority (under Slum Improvement and Clearance Act, 1956) to grant permission for the eviction of a tenant from a premises situation in Slum Area. Is such permission necessary if the eviction proceedings are under Sections 14A, 14B, 14C or 14D of the D.R.C. Act, 1958.

7. (a)  In a residential premises a tenant is living with his wife, parents, a brother and a sister. The tenant alongwith his wife goes abroad for two years. Discus whether a suit of eviction by the landlord under Section 14(1)d of the D.R.C. Act, 1958 is maintainable.

(b)  A let out his house built on lease hold plot from D.D.A. to B who is using the same for commercial purpose contrary to the terms of lease which is permitted only residential use. Having received a notice from D.D.A. threatening cancellation of lease, A files a suit of eviction against B, under 14(1)k of D.R.C. Act, 1958 as B did not stop commercial use of the house despite notice from A. B resisted the suit on the ground that A himself has let the house for commercial purchase and hence the suit is not maintainable. Decide.

8.  Write notes on any two of the following:

(i) The special procedure for disposal of applications for eviction under Section 25B of D.R.c. Act, 1958.

(ii) Limited period tenancy under Section 21 of D.R.C.

(iii) Sections 14(1)h and 14(1) hh of D.R.C. Act, 1958.

(iv) Constitutional validity of Sections 4, 6, 6A and 9 of D.R.C. Act, 1958 under Articles 14, 19(1)g and 21 of the Constitution.

LL.B. V Term Examinations, December, 2010

Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.

1.    Attempt briefly any four of the following:

(a)  Easement is “right in rem” and licence is “right in personam”.
(b)  Irrevocability of a licence.
(c)  Premises which are exempted from applicability of Delhi Rent Control Act.
(d)  Limited period tenancy.
(e)  Distinguish between “sublet, assigned and parted with the possession”.

2. (a)  Distinguish between lease and license. Why is this distinction important?

(b)  Examine whether the following agreement creates a lease or license:

An agreement was entered between hotel X and art of living teacher Mr. Z on January, 2010, wherein Mr. Z was described as license and Mr. Z was to pay Rs. 9,600 as annual license fee of one year for the use of room no. 203 in the hotel for conducting art of living classes. He was allowed to put his own lock on the door of the room and can also transfer his licence to any other art of living teachers.

3.  “Statutory tenancy is heritable for both residential and commercial premises.” Discuss the same under DRC Act, 1958 in the light of relevant case laws.

4. (a)  State the effects of non-compliance of an order passed by the rent controller u/s 15(1) of DRC Act 1958 in a petition u/s 14(1)(a) of the said act.

(b) Elaborate the circumstances under which the rent controller may give benefit u/s 14(2) of DRC Act, 1958 to the tenant.

5. (a)  Distinguish between sections 14(1)(c) and 14(1)(k) of the DRC Act, 1958.

(b)  In the year 2001 Ram took a house from DDA on 33 years lease for Rs. One lakh for residential purposes only and in default of the same the lease would be forfeited and DDA would be entitled to take back the possession. However, Ram had let out the house to Shyam in the year 2005 for commercial purposes for Rs. 3000 pm. In the year 2006 the DDA called upon Ram to stop the misuse of the house and also threatened forfeiture if he failed to comply with the said demand. Ram accordingly asked Shyam to stop using the house for commercial purposes but Shyam refused to do so and thereupon Ram filed an eviction application against Shyam u/s 14(1)(k) of DRC Act, 1958. Discuss and decide.

6. (a)  “A”, the tenant, has gone to Canada for three years and his brother and sister continue to live in the tenanted house in Delhi. State whether a petition on behalf of the landlord u/s 14(1)(d) of the DRC Act, 1958 is maintainable.

(b)  Discuss the relevant provisions available (u/s 14-D) to a widow for immediate possession.

7. “C” had purchased one flat in the year 1989 and had given that flat on lease for 10 years to “Y” on rent @ Rs. 250 per month for Residential purposes only. “Y” was residing and enjoying the property without the permission of “C” even after the lapse of lease period. “C” was a governmental employee and had been living in governmental staff quarters along with his family. “C: retired in the year 2009 and after the retirement he had to leave the accommodation provided by the government and was forced to shift himself along with 4 other family members to a rented accommodation. In 2010 “C” files petition u/s 14(1)(e) read along with Section 25-B of DRC Act. Discuss the procedure laid down u/s 25-B and also the condition to be fulfilled for obtaining the order of eviction u/s 14(1)(e) of DRC Act, 1958.

8. Write notes on any two of the following:

(a)  Provision relating to unlawful subletting under DRC Act;

(b)  Essential supply or service under section 45 DRC Act;

(c) Relevant considerations for exercise of discretionary power by competent authority u/s 19 of Slum Area Act, 1956.

2010

1. Comment briefly on any four of the following :

(a) Premises exempted from the applicability of the DRCA, 1958.

(b) Requirement of notice under Section 106 Transfer of Property Act, 1882 to evict a tenant protected under the DRCA, 1958.

(c) Summary trial in eviction petitions.

(d) Right of tenant against the landlord’s withholding or cutting any essential supply or service enjoyed by him.

(e) Section 14(1)(h) and Section 14(1)(hh) of the DRCA 1958.

2.(a) What is meant by ‘tenancy by holding over’ ? 

(b) Explain the difference between lease and licence,emphasizing on the importance of the distinction under. the DRCA 1958.

3. Discuss the rights of statutory tenants of residential and commercial premises, with reference to case law and relevant amendment in the DRCA 1958.

4. A lets out his house to B for residential purposes on : 01.01.2000 for three years after obtaining permission from the Rent Controller under Section 21 of the DRCA 1958. On 01.01.2003, the premises were again iet out by A to B for a period of two years under Section 21 of the said Act. On 01.01.2005, A requested B to vacate the house. B refused to do so. A then filed an application before the Rent Controller for vacant possession of the house. Discuss how the application filed by A should be decided.

5.(a) State the effect of non compliance of an order passed by the Rent Controller under Section 15(1) DRCA 1958 in a petition under Section 14(1)(a) of the said Act, and the circumstances in which the Rent Controller can give the tenant benefit under Section 14(2) of the said Act.

(b) Explain the circumstances in which a sub tenant may be treated as a tenant.

6.(a) What are the conditions to be satisfied by the landlord for obtaining an order of eviction under Section 14(1)(e) of the DRCA 1958 ? 

(b) X lets out his house to Y. X thereafter filed an eviction petition against Y on the ground of : bonafide requirement: Y takes the plea that the purpose of letting was residential cum commercial inasmuch as a portion of the tenanted house was allowed to be used as a personal office. Discuss whether X will succeed in his petition in light of the relevant case law.

7.(a) Distinguish between Section 14(1)(c) and Section 14(1)(k) of the DRCA 1958.

(b) Ram took a house in Delhi on rent from Ashok in 1995 for his residence. Ram was staying in Delhi with his parents and wife in the said house. In 2000, Ram went with his wife to America and settled down there. Ram’s parents continued to stay in the said house in Delhi. Ashok filed a petition under Section 14(1)(d) of the DRCA 1958, against Ram on the ground of non user. Would Ashok succeed ?

8. (a) What are the considerations relevant in exercise of discretionary power of the Compete Authority to grant or refuse permission for eviction proceedings in relation to premises falling under Slum Areas (Improvement and Clearance) Act 1956?

(b) A seeks permission from the Competent Authority for eviction proceedings against B in terms of Slum Areas (Improvement and Clearance) Act 1956. Can B take the defence that A is not his landlord ? 

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