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Legal Dictation Transcription

The document discusses whether tenants occupying certain government premises can seek protection under the Rent Control Act or can be evicted under the Public Premises Act. It notes that some premises fall under both acts. It also discusses arguments that the Rent Control Act's provisions regulating landlord-tenant relationships and evictions should take precedence over the more general Public Premises Act, as the Rent Control Act is more specialized legislation in Delhi. The document also discusses the view that a tenancy can only end through an eviction order from a court under the Rent Control Act.

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Lakshay Singh
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189 views1 page

Legal Dictation Transcription

The document discusses whether tenants occupying certain government premises can seek protection under the Rent Control Act or can be evicted under the Public Premises Act. It notes that some premises fall under both acts. It also discusses arguments that the Rent Control Act's provisions regulating landlord-tenant relationships and evictions should take precedence over the more general Public Premises Act, as the Rent Control Act is more specialized legislation in Delhi. The document also discusses the view that a tenancy can only end through an eviction order from a court under the Rent Control Act.

Uploaded by

Lakshay Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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As a result of this comparison it can be said that certain premises viz.

building or parts of buildings lying

within the limits of the New Delhi Municipal Committee, Delhi Board and in urban areas within the limits

of the Municipal Corporation, Delhi which belong to or are taken on lease by any of the companies or

statutory bodies mentioned in clauses 2 and 3 of Section 2 of Public Premises Act and which are in

occupation of a person who obtained possession of the said premises as a tenant and whose tenancy

has casprit or has been terminated but who is continuing in occupation of the same would ex-facie fall

within purview of both the enactments. The question which therefore arises is whether the occupant of

such premises can seek the protection available under the provisions of Rent Control Act and he can be

evicted from the premises only in accordance with the said provisions of proceedings for eviction of

such a person cannot be initiated under the provisions of the Public Premises Act. He and other learned

counsel representing the petitioners have urged that the Rent Control Act is a self-contained code

providing for regulating the relationship of landlords and tenants and it makes comprehensive

provisions with regard to control of rents as well as eviction of tenants and that the provision of the

Rent Control Act being special in nature insofar as lease hold properties in Delhi are concerned when

prevail over the provisions of the Public Premises Act which are in nature of general provisions relating

to eviction of unauthorised occupants from government premises in the whole country. In support of

this submission the learned counsel for the petitioners have placed reliance on Sections 22 and 54 and

the non obstant clause contained in Section 14(1) of the Rent Control Act. It has also urged by the

learned counsel for the petitioners that the Public Premises Act does not contain any machinery for the

termination of the tenancy and that in view of the decision of this court in the jural relationship of

landlord and tenant can come to a end only on the passing of an order of eviction by a competent court

in according with the provisions of the Rent Control Act and that in the absence of an order of eviction

under the provisions of the Rent Control Act no proceedings can be initiated against a person who came

into occupation of the premises as a tenant.

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