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Accomo

Accommodation act notes

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Accomo

Accommodation act notes

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Rohail Khan
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Cdn ant Points to Remember K3 Import . month rent can be taker ih One : Wi as advance rent by the landlord from the tenant. Tenant cannot claim or receive a payment in consideration of ishn tenancys transfer of his tenancy and assignment of his ae cee virtue of an agreement provided in Sectic 7 . Bed oy take the payment of rent eon fl or Me Accommodation Control Act, the in scommodation t equal to the amount of rent agreed for a period not exceeding five years Peltonen Premium or cash i i in i F pagree means received or claimed in addit i section 6 of Accommodation Control Act). ee ‘A landlord can increase 10% of the standard rent per year. The increment in rent will be applicable after the expiry of thirty days from the date on wich the notice is given in this behalf. ‘A notice under Section 9(1) for increase in rent can be delivered to tenant or his adult family members or servants at his residence. Under the provisions of MP. Accommodation Control Act, with respect to fixation of standard rent, exclusive jurisdiction has been conferred on Rent Controlling Authority. Rent Controlling Authority can also fix Standard Rent of the part sub-let. Under M.P. ‘Accommodation Control Act, 1961, the maximum period for which standard rent shall be fixed for a tenancy is one year. Forrecovery of rent assessed by the Rent Control Authority a suit for recovery is to be filed before the Civil cuir © Onapplication Rent Contro! «Pending final decision on the fixed by Rent Controlling Authority. CHAPTER-III ; CONTROL OF EVICTION OF TENANTS [Sections 11A to 23) @Theprovisions of Chapter III so far as they relate to matter specially provided in Chapter IIT- ‘A shall not apply to the landlord defined in Section 23-J. © After the service of notice of ‘demand, no suit for eviction ofa tenant on the in payment of arrears of rent shall be instituted until the expiration of two months. © A suit shall be filed against the tenant who has neither paid nor tendered the whole of the rears ofthe rent legally recoverable from, him within two months of the date on which . ite ice of demand for the arrears of the rent has been served on tenant by the landlord. a tens maa the rent through money order and the landlord refuses it, then it will be hinte the tenant was not at fault, responsibil 7 ee of the tenant to pay rent at the residence of landlord. (© pay only legally recoverable arrears of rent. rt. 1 Authority shall fix the interim rent according to Section 11. e application for fixing the standard rent an interim rent may be ground of default Coie. 0120 K6 MP. Accommodation on ‘o] © A tenant can be evicted on the ground specified in Section 1: 2(1)(h) only Whe, a . satisfied that . : a (@) the proposed reconstruction will not radically alter the PUP Ose fop accommodation was let; “higg (ii) radical alteration isin the public interest; \ ii) the plans and estimates of such reconstruction have been PrOpely prepay necessary funds for the purpose are available with ‘the landlord, ang If the accommodation was let to a tenant for use as a residence by Teason of he service or employment of the landlord and that tenant has ceased to be in such sent employment then ground for eviction shall not be Available if any dispute, ag towne the tenant has ceased to be in service or employment of the landlord, is pen, any competent authority, ‘No order for the eviction of a tenant shall be made on the ground specified in Clause, m sub-section (1) of Section 12, if the tenant within such time as may be specifieg ing. behalf by the Court :- i (@ restores the accommodation to its original condition; (ii) pays to the landlord such amount by way of compensation as it may direct, If any eviction decree is obtained against tenant on the basis ise, then execution Rscatng Court has n right enquire about the valdiy at de ‘The pre-condition for an application to Section '3(1) of the MP. Accommodstion Cont Act is that a suit must be on any of the ground referred to in Section 12 of the Act, Under M.P, Accommodation Control ‘Act, 1961, in a suit for eviction, the tenant shall deposit in the Court or Pay to the landlord the arrears of. Tent within one month from the service of writ of summon, In order to get benefit of Protection against eviction in any appeal by a tenant against any decree for his eviction the tenant is Tequired to deposit in the Court or Pay to the landlord an amount of rent as per the requirement of sub-section (1) of section 13 of the M.P. Accommodation Control Act, 1961, Under Section 13(2) of MP. Accommodation Control Act, the fixing of, Provisional rent is necessary where the dispute relates to amount of rent, AS per Section 13 of M.P. Accommodation Control Act the rent may be deposited in the Court. Section 13 is not applicable to execution Proceedings of decree for eviction. Ifa tenant disputes rate of rent under Section 12( 1)(@) of the M.P, Accommodation Control Act, then first it would fix @ reasonable interim rent and direct the tenant to deposit the ing tg on K-18 26. 2. 28. MP. Ac A “OMModay, lon In which of following cases, it has been recently taid down ty Bench) that there is a scope for a liberal interpretation of 4 the my Py as to include the business of spouse and a closely depend © Dhragg ith, dent i covered by Section-2(e) of the M.-P. Accommodation C Memb,» lon Control ctr on, (a) Kamlabai (Smt) vs. Smt, Preeti Raizad (b) Hameeda Begam (Smt.) & others Vs. Champabai Jain & other Me, (©) Harveer Singh vs. Shri Kishan Singh Tomar and others ; (d)_Badrilal (Shri) vs. Smt. Sitabai (Dead) through L.RS. Birdichand Under the M.P. Accommodation Control Act "Standard Rent" mean (a) Only determined rent Us. 7 (Mp, (b) Determined rent U/s. 8 (c) Determined rent U/s. 7 or 8 von Determined rent U/s. 7 or increased rent U/s. 8 Section 3 MP. Accommodation Control Act does not apply to - iM (a) Government Property () Non-agricultural Land (c) Property of Local Autho1 (d)_ All of the above MP. Accommodation Control (a) Which is the property of Government (b)...Which is the property of local authority (c)_ Which is owned by any ‘educational institution exempted by the Governmen notification (d) Which has not been used, withot continuous period of six months The M.P. Accommodation Control Act, 1961 does not applies to the Accor which 3 oy plumerely (a) used for Gonvesidentl purpose / (b) the property of widow (c)_ the property of the Government (d)__ the property of minor M.P. Accommodation Control Act, 1961 does apply to :- (a) Property of Government a Maan Sai ie used exclusively for non-residential purposes (4) Property of Municipal eras used exclusively for non-residential pu poration used for residential purpose a 26.(b) 27.(c) rity used for residential purpose 1 Act, 1961 shall apply to such accommodatio ut reasonable cause, for which it was Codie, et YD Objective Questions 41. 42. 43. 44. 45. 46. Pagree (@) Deposits whieh, (b) Premium or cash (©) Amount which is a. ived oF et ceived by | Special pla aimed in, additi r andlor 3s agreement c _ ¢ Or ‘accommodation lord may lawfully i Se Dr ly increase the stand: ‘fandard rey ; —- ‘mt per year by an amount not o u pee ©) Span — inder Section 8 of the Act, ox cult (a) 10% of standard rent + how much amount could be increased in th in the standard rent - (c) 15% of standard re een nn \dard rent. (d) 25% of standard rent | | Section The increment in rent will be applicable eter i eee eee r the expiry of ...... from the date on which (a) thirty days (b) two month: c) six month: re , ths (@)_ none of these notice under Section 9(1) for increase in rent can be delivered :- (a) to tenant only (b) to tenant or his family members (c) to tenant or his family, members or servants at his residence (d)_ only by registered post acknowledgment due Which one of the following option is correct regar rent ? 1. Notice must be given or in writing by Jandlord or on behalf of the landlord. i i nt personally or to one his adult member of family or 2. Notice may be given to tenal t per My TMPCH201800 to his servant. ; (b) 2is right, 1 is wrong ding notice of increase of arrear of i ng, 2 is right Zo eer f (d) 1 & 2 both are wrons 47. 48. () 1& 2 both are right Section 10 he standard rent :- . piswiet Court Who fixes t (a) Collector (a) Civil Court / (c) Rent Kegegline Authority Standard Rent aan (b) Latidlord and tenant fa\ Collector @ 1 y be K-20 PROVISIONS REGARDING RENT [Sections 4 to 11] Section 4 35. Provisions of Chapter II of the Act are not applicable ;. (a) where construction of accommodation is more than 20 Years old (b) where construction of accommodation is more than 30 years old (c) where construction was completed before Commencement of the A, (d) None of the above ct 36. The provisions of Chapter 2 of MP. Accommodation Control Act, 196] in Will ny applicable to a newly constructed house for a Period of :- [Mpc | (@) Five Years (0) Seven Years ah (c) Three Years (4) One Year Section 5 37. Which of the following statement is correct ;- (a) No tenant shall, notwithstanding any agreement to the Contrary, be liable to Pay t landlord for the Occupation of any accommodation any amount in —— standard rent of the accommodation a (b) Any agreement for the payment of rent in excess of the standard rent shall be construe (©) Iftenant agreed to Pay rent in excess of the standard Tent, thereafter he is liable to ke at such rate (d) Both (a) and (b) are correct Section 6 How many months rent can be taken as advance rent by the landlord from t / (b) Two months (a) One month (d) Six months (C) Three months . Tenant can claim or receive a payment in consideration of :- (a) _relinquishment of his tenancy (b) transfer of his tenancy (c) assignment of his tenancy i i a for above (d) cannot claim or receive any payment ; By virtue of an agreement provided in S. 6(4) of M.P. Accommodatio > t, the landlord may take A geirien of rent in advance for the accomm: let to Preni agreed vor # peried nuticxce @ person equal to th jount oF rent ee ap ly K- 22 49, 51. 54, 55. ©) apply at the discretion .¢ p 56. MP, Accommoday M.P. Accommodation Cont, ‘on Under the provisions of M.P. ntrOl Act, win standard rent, exclusive jurisdiction, has been conferreg oe "ee (a) District Judge (b) Rent Controlling A i (c) Civil Judge (d)_ Dy. Collector tho Who can fix Standard Rent of the part sub-let :- (a) Rent Controlling Authority (b) Landlord and teng (d) Collector mt (c) Civil Court Under M.P. Accommodation Control Act, 1961, what is the ™aximum standard rent shall be fixed for a tenancy? (b) One Year . (Mp (a) Six months (c) Two Years (d) Three Years The Standard Rent shall be fixed for tenancy of :- (b) 11 months (a) 6 months (d)_ No limit (c) 12 months For recovery of rent assessed by the Rent Control Authority ;- (a) Application is to be filed before the Rent Control Authority (b) Execution is to be filed before the Civil Court (c) ii be filed before the Civil Court (d) Any option out of the above can be chosen Section 11 "On application Rent Control Authority shall fix the interim rent" it is pro M.P. Accommodation Control Act, in :- IMPAp (a) Section 10 (b) Section 13 (c) Section 11 (d) Section 14 Pending final decision on the application for fixing the standard rent an inter} may be fixed by - (a) Deputy Collector (©) Civil Court (b) Collector (d) Rent Controlling Authority CHAPTER-III CONTROL OF EVICTION OF TENANTS [Sections 11A to 23] Section 11A The provisions of Chapter III so far as they relate to matter specially provid Chapter TH-A shall :- @) apply to the fandlord Gefia: (b) not apply to the landlord d Section 25-J ‘d is Section 23-J LO oe er Accommeg tj ion xe a7) j = ing to Section 12(1)(a) of the Act ee Statement ig not On, 63. According 10 ys the rent through money order and the landiorg , Tuer" (a) Ifa ee the tenant was not at fault "hus eae section tenant is liable to pay only arrears of ren, ° Under a ent ii a (b) ity of the tenant to pay re at the Tesidence one Mey a i onsibili oc) Itis the a third person would be treated as legally aig aha OO) eens Act which statement is true : rd Ger section 12(1)(a) of the = Daray 64. in ira tenant pays the rent through money order and the landlord Tefuses ju it, the @ deemed that the tenant was not at fault () Tenant is liable to pay only legally recoverable arrears of rent It is the responsibility of the tenant to pay rent at the residence of land Ord ‘d) Rent paid to any third person would be treated as legally paid ie tenant has unlawfully sublet the possession of the accommodation . + lan 65. 2 a institute a suit for\eviction under which provision e ina (a) Section 12(1)(a) (b) Section 12(¢1)(b) ; (d) Section 12(1)(d) (©) Section 12(1)(c) _ : In which of the following cases, landlord would be entitled to obtain decree _ i 56. on the ground mentioned under Section 12(1)(b) of M.P. Accommodatio, Co Act :- IMPapjy (@) Tenant allowed third party to sit in the shop and operate sewing machine in » assist him in cloth business (b) Where the subletting is by predecessor in interest (c) Where the tenant carries a partnership business in the suit accommodation retai: legal possession with him (d) Where the tenant has parted with possesion on any part of accommodation! consideration or otherwise If tenant denies the title of the landlord and setup title in himself in the write peemene its ground for eviction under section ? IMPCS-20 a) 1211(b) M.P.A.C.A. (b) 1201)(c) M.P.A.C.A (©) 1201)(d) M.PA.C.A. (4) 1201)(k) M.P.A.C.A. Jnder clause (c) of sub-section (1) of Section 12 of the M.P. Accemmodation Contr! \et which is not included : arzo ~ [MPADJ201 ) The tenant or any person residing with >) The tame Objective Question 82, Ne tandto resid Mord can instit ential purposes int nes ifr tester 0 bonenas ne (a) for occupation a : aTedy thy a resider nce fort for any member of | nis famil: (©) for any perso « for his Peed © benefit the 83 suit for eviction of ao purpose is covered und enant on the Control Act. er section... (a) 12(1Ma) . (ce) 120Xe) Rround of of bona fide i () 12 4, A suit for evicti 121 r eviction of a tenant (4) 120y¢ the ground of bonafide Oe ne ion let ed for aie non-residential perp urpose is covered | i - ered under Sec. ~ . of the M.P. A Oy See aay) ccommodation Control Act. (c) Sec. 12(1\(e) (b) Sec. 1210" gs, Under M.P. Accommodati @ See. 12040 / against tenant f modation Control Act, landlord ea _- nt for accommodation let for ord can institute a suit for exci by the landlord— non-residential purpose if required bons fide (a) For hotel business nS \MPCI. (c) For opening orphanage a a ee . \ of the abi s 36. Under Section 12(1)(f) of ae oo came (1)(f) of M.P. Accommodation Control Act, for whose need, Landiord cannot obtain decree of eviction against a tenant? \MPCI-2013 (a) For himself (b) For unmarried daughter : (c) For major son (@)_ For his wife For whose business can 4 landlord not obtain decree for eviction respect of a non-residential accommodation + (a) of his own (b) of his unmarried daughter (@) of his wife ed wnder sectic (c) of his adult son 88. For which of the following, 2" Accommodation cannot be got vacat ‘jon Control Act, 1961 (MPADI2017 against jis tenant 87. 2 (b) Major so 12(1)(f) ‘Accommodati (a) Owner landlord perinelt’ (©) Unmarried daughter ® aeatrol ct, a suit cat ve file .P. Aceommodatit . e uns ie, oF unfit for Y ypairs 89, Under which provision ° "a eco eviction 0! und that the accommo’ ation it aes carrying habitation and is T° sree bored Ji by the a ping vactee” eg out without he accom ‘gection We) ee YN 78. 79. 80. 81. ) in share ‘B’ and ‘B? eviction should plea (a) “is'sham. (b) has no effect on tenancy (C) could not be legally made @) without his Consent is void of y meat eside Ca) ntl jes to Ree nis Fe \ « ears wis scan ‘Nd, Aol TO ig nee: He ne RCA me of his ~ applic ation Pe ound u/s. 12(1) (e) ite it on Be je 5 ‘ iy Suit 0 , ce under Sect. civil 5! rer servings * notice under Section, 106 - () v7 o Tp t pile CW by qa Ove itl ia ect jon is F icti (nich proposifion 4 guit for eviction on bonafide groung (a A landlord © "ited 8 suit for eviction on bonafide 2Foun, er can to be owner of the accommodation to fe Sa Jandlo' 4 bonafide need wner can fil cree of eviction on the ground of », ona f, Jord, on proving that :~ able suitable accommodation of hi is 9. le suit for eviction o, N the » Foy,, (d)_ Either la The Court wil accommodatio (a) He has no other reason’ II grant a de n to the land concerned ; He is owner of the accommodation dation bonafidely (b) (c) He needs the accomm(' (d)_ All of the above Tenant may be evicted on the ground of bona fide need of | purpose, but the need does not extend to :- (a) his son’s need (b) need of the other family members (c) need of any person for whose benefit accommodation is hel el (d) need of any other tenant paying more rent owned by ‘B’ and ‘Cc? jointly. On p ‘A’ is the tenant in a house wes a suit on his bona Side requirement and prove that the Partition ;- ‘ K-28 0. o1. 92, 93. 94, MP, Accomm ay, Statin, In a suit for eviction, plan and estimate are only Mecessary, a y Inas a len 7 ty a) Starting New Business (b) Substantia, Alera iS Repairs (None of above Under M.P. Accommodation Control Act, the 8round fo, Vietion builf ¥ccommodation suitable for his Purpose is Available only that letting is— IMPap, (a) residential (b) Non-residential (4) immorai (c) composite In case of composite tenancy, landlord can seek eviction Of tenant (@) By proving need for residential Purpose (6) By proving need for non-residential Purpose (©) By proving need for any purpose (@ By filing a suit under the special Provision as Contained in Section 20 of “U of sought the eviction on the ground of... ora Constructio, i lord’ pe ve : i : materially altered the Accommodation to the det! or is likely to diminish its value Substantially, by the ten! @ Oral pers. \OTZO Sie 2018 ison fom landlord is sutticjen: [MPCI. Titten Permisc; i (c) p. _ P&tMmission .o 4 Beth KE) OF NIL -PL A a 5 + Acec “a premises afte °™Modation femant on th « T ~~ Of the dat Control acy gene © of + the | order andi c) Six Months Where order for evicti, on of 4) and (a) of Section 12 of th. e which of the following . a) one month Period? rd cannot obt pbtain c) any time Possession before lapse of (b) two month expiration of period of :- (a) Two months , (c) Six months (©) Three months from the date of order. (@) One year After what period, decree passed i Control Act can a. under section 12(1)(e) or 12(1)(f) Accommodation (a) One month ) (b) Two months c) Three (c) months (d)_ Immediately Where an order for the eviction of a tenant is made under Section 12 on the grous titled to amount by Way | specified in clause \(é) of sub-section (1) the tenant is en compensation from landlord ? (MPCI-20180 (a) Double the amount of the annual standard rent 0! (b) Amount of the annual standard rent (c) Not entitled for any amount the order of Court For eviction from @ premis en to a tenant un f the accommodation the amount of compensatio ommodation Contre to be giv 1961 would De «seer to/of the amount jpiPAs ai ‘b) e ual (a) double "D att (c) thrice 112.8) 18.0) ns. : 109.(a) ° sa ales OE tnereoh (d) necammodation by transfer, He Fanon red an wiremente under the Sectid 1 ion Way de red at Act I landlor : 1 of bonall «completing the perio ap » 108 96) befor (by dL year (dp S year f fa tenant shall be maintainable on the grou wun period Of. has elapred fy f) unless #2 section on acquisiti (b) Two years (d) Five years lation by transfer he canny, or (f) of sub- section (1, i, 2 Of Se a) ne yeal Three years rd has acquired any accommod: fied in clause (e) Where a landlo! he ground speci 108 on ont for evict so long *- One yeal (c) Three months has not A landlord acquired an accol of bona fide requirement shall be maintainable al six months (b) Two years (d) Atany time his tenant, on the ground of bon, e suit accommodation C, C re (b) Six months has not elapsed (d) Two months has not elapseq by transfer. His suit for eviction on the. fter a period of :- . r has not elapsed elapsed mmodation 106. (a) (c) One year 7, Aya landlord, need. During the pe! the accommodation (a) He can continue W! (b) He can file a fresh suit or (c)_ A fresh suit for eviction on the {d) Suit is not maintainable unless “B” /B. Defendant was a watchman, authorized to plaintiff. Whether eviction suit under section 12 of Accommodation is maintainable against him ? (a) Maintainable before Civil Court . Maintainable before Rent Controlling Authority (c) Suit is not maintail intai is not maintainable (d) Maintainable before the Collector eviction of B, it, he sells th if, Advise C :- necessary amendments therein r eviction on any ground ground of bona fide need is maintainable after one 2 elects to treat him as his landlord : remain in possession of the premises) Control Act, 1% [MPCJ-201 brings a suit for ndency of the suit bona fide for himsel th the suit after making maintain a suit fo Mp Accommoday, ion jord “AY, situated j Mh vine ahop of lanl d uated in the city 6 "ho nae 19 decree of eviction. What ¢, Shay A pensation comp of the annual standard tent 1 the annual standard rent ms, 3000 foe evetion of fnant the plans and estimates and gy ay epi by pif Wen the ground of evicting iy - eon cing 1 new business ‘n xdditons or alterations : None of the above ‘tenant can be evicted on ( is satisfied that :> qe i fe proposed reconstruction will not radically alter the sccommodation was let ra iteration is in the public interest the plans and estimates of such reconstruction have been Property Prope ny funds for the purpose are available with the landlord and he ground specified in Section 12(1)4) Only ny hee Purpose fo, hy All ofthe above 119. If the accommodation was let to a tenant for use as a residence by reason ork is re or employment ofthe landlord and that tenant has cence eG is service or employment then which of the following is perfect :- ar Ground for eviction is available in all respect This isnot @ ground for eviction Ground for eviction shall not be available if any dispiste, as to whether the tenan ceased tobe inservice or employment of the landlord, is pendi re any com authority Eta ee ‘No ground for eviction is available if the tenant keeps Paying the rent on or before due date No order forthe eviction of a tenant shall be made on the ‘Ground specified in clause (a) . Section 12(1), if the tenant within such time as may be specified in this behalf by the ‘ut 2) Ste the acommadton tis orginal condition : ©) 3510 the landlord such amount by way of compensation as it may direct “6 1 not do such ‘ype of construction in future 1 () and (b) above 119.(c) objective Questions a1.) If any evietion decree is ee s obtained against s) (a) Executi st tenant on the basi ne : m asi : cans man 1s of compromise, then on (b) Executing Court wi ae : ees about the validity of d aa , Ground under section 12 f Accom of Accommodation C jon Control Act was available or not (©) Tenant has right to ch i} Teas allenge the decree as no ground was available a AS ho ops ew et available under section 12 has im ition . ; Section 1. . 3, ‘The pre-condition fo i oe 04 (2. pa ai for an application to Section-13(1) of the M. uit must be on any of the ‘—wwc£8 rol ground referred to in :- fe (a) Ss. 12 of the Act [MPADS-2013} s. 20 of the Act (b) (@) $-23-A of the Act @ Ss 12, 20 and 23-A of the Act 123. Under M.P. Accommodation Control Act, 1961, i it s 7 , 1961, in a suit for eviction, the tenant shall deposit in the Court or pay to the landlord the arrears of rent within Saar ea from the service of writ of summon? apcy 2013 (a) fifteen days (b) one month 7 (d) six months tenant against [MPADJ-2014] to the landlord an amount of e MP. ‘Accommodation two months order to get benefit nin any appeal by @ his eviction :- required to irement of sub-section © of protection against eviction (124. In \—/ any decree for (a) The tenant is rent as per the requi Control Act, 1961 deposit in the Court or pay per requirement of sub-section (1) of (b) The tenant is not bound to deposit or pay rent as section 13 of the M.P. ‘Accommodation Control Act, 1961 .d to deposit or pay rent as per the requirement of'sub-section q) for such deposit (©) The tenant is require 1961, if the landlord apply of the M.P. Accommodation Control Act, or payment (@)_ None of the above 125, Under which section of MP. ‘Accommodation Control Act 1961 is provided for fixation of provisional rent 2 {MPcJ-2016] (a) Section 12(1) (b) Section 12(2) @) Section 13(6) 125.(¢) (©) Section 13(2) 123.(b) Ans. 3 121(aOFZO 122.(a) best Accommodatig, MY = i hy bo 126. Under See. 13(2) of M.P. Accommodation Control Act, the Airing of 0 Ipc. c hy, Nt here the dispute relates to :- Areas (b) Amount of Reng a) Arrears of rent only \ o Arrears of rent and Amount of Rent both 4 on) (@)_ Neither Amears of rent nor Amount of Rent i 127. Ia tenant disputes rate of rent under Section 12(1}a) of the 4p ec "hy, Control Act, then :- : , (a) The Court shall direct him to refer the dispute to the Rent Controlling Ay, stay the proceedings i, (b) It would continue the proceedings and if rent is found due, it would Pass ay eviction * (©) First it would fix a reasonable interim rent and direct the tenant to deposit the (@) The Court can choose any of the above options depending on the Cieunstng casé t 128. As per Section 13 of M.P. Accommodation Control Act the rent may be deposi, court. Whether Section 13 is applicable to execution Proceedings of dere eviction ? IMPC.9, (@) Section 13 is applicable in execution proceedings” ! (b) Depend upon the discretion of the court (€) Section 13 is not applicable to execution Proceedings of decree for eviction (Applicable if the execution is filed within 6 months 129. Ifa tenant makes deposit or Payment as provided by Seetion 13(1) of (2), no decree order shall be made by the court for the Fecovery of possession of accommodation q ground of :- IMPADJ-2019, (@) Default in payment of rent by the tenant (b) Bonafide requirement for residential purpose ~ (©) Unlawful sub-letting of accommodation (4) Any ground mentioned under Section 121) 130. If the Court is satisfied that a dispute as to the Person to whom the rent is payable has heen raised by a tenant for reasons which are false or frivolous, the Court :- IMPAD\-2014] (@) Shall order the defence against eviction to be struck out and proceed with the hearing of the suit (©) Shall pass a decree for eviction against the tenant (c) May order the defence against eviction to be struck out and Proceed with the hearing of the suit (4) May order the defendant to pay to the Plaintiff special costs wy at the defence against eviction to be struck out ~ ll 1B 126.(b) a objective Questions at.) When defence of tenant against evic K-35 en Ce then tenant will have- viction is struck down under section 13(6) of the Act 306) 0 < (a) defence available under general law |MPADS-2014) b) the right to cross examine the 7 @) der M.P. Accommodati vn paler teenie nmodation Control Act, 1961, when the defence against eviction of (@)_ On non-payment of amount as per Section 13 ae (b) ‘When tenant is not personally present in the court ()_ When tenant has not filed his written submission within prescribed time (@ on furnishing false information in the application A tenant’s defence against eviction under the LP. Accommodation,Control Act may be struck out if he @) Fails to present written statement within the time fixed by the court ) Fails to deposit or pay any amount as required by Section 13 c) Makes untrue statements in the application under section 25 IIs to pay such costs as ordered by the court (@) Fal 34. Ifa tenant fails to deposit or pay any amount as requi Control Act > (a) court shall order to cost. (b) court shall pass decree against tenant (c)_ court shall initiate punishment proceeding against defendant (d)_ court may order the defence against eviction to be struck out - n Control Act, 1961, Section 13(1), fails to deposit 132- (@ red u/s 13 of Accommodation {MPCI-20190) (a Ifa tenant under the M.P. Accommodatio ° or pay any amount as required by this section, the Court may order the defence against eviction to be struck out under which Section of the Act t- {MPC3-20190) ‘a) Section 13(1) (b) Section 13(2) s Section 13(3) 8 Section 136) Section 14 136. Which one of the following proposition is correct about Section 14 of the M Accommodation Control Act, 1961 ? (MPCI-20 (a) Tenant may sub-let the whole or any part of the accommodation held by him as tel without consent of the Landlord oo, fone! (b) Tenant may not sub-let the accommodation held by him without the previo consent of the Landlord P ious CO (c) Tenant may not sub-let the accommodation held by him without the previcn in wetingraf dhe Landlord (d) None of the above Ans, 131.(4) 132 135.() 131 er Section FZ) OF the aq . rate ef rene am . ye dispute to the Rent Co, . ou M eaneet hime wo refer the disp Ae Pe eT eediings andl if rent is found due, it Wola vnteontinine 1e F . - ahle interim rent and direct the tenant te Bebe. ions depending on the cig” ction ve avout fis a1 Hirst at avout ry of the above op The Court can choo ease 1 13 of M.P, Accommodation Control Act the rent may be dep, 128 Ae per Soil | section 13 is applicable to execution Proceedings gr. 4, court, Whether > ". ne i tion proceedin, (Mic } Section 13 is applicable in execution pt gs 's) Depend upon the discretion of the court ic) Section 13 is not applicable to execution proceedings of decree for eViction . a i et id) Applicable if the execution is filed within 6 months we r ‘ If a tenant makes deposit or payment as provided by Section 134) of @), a MOdating 29. : ‘ order shall be made by the court for the recovery of possession of accom: IMPapy., ground of :- (a) Default in payment of rent by the tenant (b) Bonafide requirement for residential purpose (c) Unlawful sub-letting- of accommodation (d) Any ground mentioned under Section 12(1) Person to whom the rent is Payable hy 130. If the Court is satisfied that a dispute as to the been raised by a tenant for reasons which are false or frivolous, the Court :- [MPAD3J-2014 to be struck out and proceed with the heart (a) Shall order the defence against eviction of the suit (b) Shall pass a decree for eviction against the tenant e struck out and proceed with the heari (c) May order the defence against eviction to b of the suit (d) May order the defendant to pay to the plaintiff defence against eviction to be struck out special costs but cannot order that 1 128.(c) 126.(b) : narze 138. 139, 140, 141, 142, MP, Accommodation, ~ the te 7 4 of M.P, Accommodation Control Act, the tenant aN Section 14 of M.P. 4 . ccommodation. P, 3 nen ub-let the whole or any part of the accom ty (a) can sub- is rights in the tenancy. (b) can transfer or assign his rights of accommodation without th (©) cannot sub-let the whole or any Pp: iting of the landlord. - F a d) oe the whole or any part of accommodation without the Prey ( y writing of the landlord. hy: Tenant cannot sue against sub-tenant, W io As there was no contrac, the contract is voidable yo r & ee ee taken from landlord (d) Because the contract jg Void ae fe Which of the following is incorrect statemen ; 7 mmodation held by p: (@) Tenant can sublet the whole or any part of the acco! y him with the previous consent in writing of landlord or in any pat (>) Tenant can transfer or assign his rights in the tenancy Y Part ther, Previous consent in writing of landlord ae (©) For subletting, the previous consent of landlord has to be taken in yy mandatory provision (4) A landlord shall claim or receive Previgg the payment of any sum as premium o1 giving his consent to the subletting of the accommodation held by the t Which of the following is incorrect Statement :- (a) Tenant can sublet the accommodati writing of landlord (6) Tenant can transfer or assign his rights in the tenancy or in any part th Previous consent in writing of landlord (c) For subletting, the Previous written Consent of landlord is a mandatory (4) A landlord shall claim or receive the Payment of any sum as Premium giving his consent to the subletting Section 15 ent of the Accommodation Cont he previous consent in writing of the le ion of sub-tenancy is required ion held by him as tenant with Previc When after the commencem regarding creation or terminati (a) one month (b) two months (c)_ three months (d) six months narzo ~ Seeties e Within :- ae. S8Nnot re, Ne VIMONWEa 4 QBsi. Be the 6 BS% >) The tenant has erie ‘ 1 ay ) The accommodation j~ of its activities " t DY the The tenant hes nog oid the © Public institution for the furthera or ane) Purpose of Section 20 tn ™ stitution” includes ;. OF MEP, Accomm, ann ‘odation © ) educational institution Control Act, the word + © be in ened the required 20 MB A. jou * Accommodation ae Ployment ot 4 intron greed terme he landlord bona fide 3 Public Yo ) hospital and charitable dispensary ia brary . All of these Section 2 mmodation Cont, Structures? der Section 21 of M.P. Acco) diord to construct additional rol Act who can give permission to a Rent Controlling Authority Collector Civil Court No permission is required Section 22 a cial provision regarding vacant building sites is given in :- _ Section 21 (b) Section 22 o Section 23 (@)_ Section 23-A ~ CHAPTER-IIIA _ EVICTION OF TENANTS ON GROUNDS OF z BONA FIDE REQUIREMENT [Sections 23A to 23)) ; , ial provisions regarding eviction of tenants on ground of bona fide requirement pplicable in Madhya Pradesh from :- 30th December, 1961 Sth April, 1985 “(by Aéth August, 1983 (d) 28th June, 1987 159.(b) 158.(b) 156.(d) 157.(a) 154,(b) 155.(d) Tel [al-welesomley.N 2024/01/12 23:23 OMIM A « ay M.P. Accommodation Contro} Aol hg, OO Section 23-A : ' -residential purpose, |; ; ney of residential and non-resi Pose, lang, In case of composite tenancy IMPADJ-2014; MPCan Woe seek eviction ; proving need for resi eB . s, ane proving need for non-residential purpose (b) by (c) _ by proving need for any purpose @_ by filing a suit under the special provision as contained in Section 20 of the : Plaintiff lives in another city but casually when he comes lives in the suit house y 160. f tenant :- dential purpose 161. family :- (a) It doesn’t include in bona fide need of plaintiff (b) When plaintiff lives in other city how it would be bona fide need (©) Italso includes bona fide need of plaintiff (d) Only when the plaintiff comes to enjoy vacation it includes bona fide need Landlord files a suit for eviction on the ground of bona fide requirement 62. residence. He must send notice to tenant :- (b) Before two months (a) Before One month (c) No notice is required (d) Before three months Section 23-B 3. Who shall issue summons in relation to application under Section 23-A? (a) Rent Controlling Authority (b) Collector ; (c) Civil Court (d) Any of the ahove f The Rent Controlling Authority shall issue to the tena’ / y every application referred to in section 23-A, in the for (a) specified in the Second Schedule to be notified by the State Government f re J (b) (c) to be specified bYIRZC.A ell fy cir - NOYES (d) appended to the Rules 'f ; j 178. (a) (c) Section 23 of the Act oe pound of ew ote jon of dshall af ine evied Hor sion re a ia wr ran ord oe with the perm re-let the whole or # from the the dat the date of obtair the date of obtai one two years from ears from « (a) three y ‘A landlord making fa tion Control Act, may be sa Accommoda' Six month’s (a (c) Eleven month’s rent of the accommodati On making false and fri Control Act who may fix compensato} (a) Rent Controlling Authority (©) Collector The provisions of Section 2(B) of the Act In M.P. Accommodation Control Act un a “landlord” who is A retired Government servant Physically handicapped person 176.(e) (@) ©) 174.(b) 175.(b) pone fide weed torr biain poss Two months W) a tenant is made on the grouna, not bee! rom the dite of the order ; (or) of any accommodation from 1 clause (a) or clause (b) of section 23-4 | of the Rent Controlling Authority gy, 0 ny part of the accommodation ,, w date of obtaining ¢ of obtaining such possess: ning such possession ining such possession Section 23-I Ise and frivolous application w dled with compensatory costs not exceey, me jon at a time. ivolous application under section 23 ry costs? Section 23-J Chapter III-A of Act shall not apply to the landlo (b) Section 23-J of the Act (d) None of these der Section 23-J definition of landlord means cession of th (b) Six months ei titled to obtain posseg. SES Gig, Thy On yt (b) Two months Six months t he, tain, ithin’ such possession ion inder section 23-4 of y (b) Nine month’s (d) One year’s -A of Accommodat, (b) District Judge (d) Civil Court rd defined in :- [MPADJ-2019] (b) A widow or a divorced wife (d) All of these 178.(a) 177-(a) (>) A woman en (©) A matric, (d) A business Woman * husting Hhistineny 182. Whois not a landtony fort Act, 1961 :- NE Darpo., (a) A retired sery, ed wit . sh Ac Ployed iy yy, : ! woman tiy ir ny OF sction 25 Vat ma. ot My an Y Goy, . ae of any Gos etnmey (b) A servant of any ¢ ‘Vern m ent (@)_A physically handicappeg pers 183. Who is not a landlord for tne De = Act 2 Se Of Sectig, 235 Of MP. Acco, oda @ A retired Servant of G mmodation Contra ‘overnment ; . MPC. (c) A divorced wife by A Government Servant tress 184. Aretired servant of a wi cover ya EADPEM person under Section 23-J(ii) of the Mp, Accommodatn “ meaning of landlord as defined (a) Municipal Corporation » Control Act Any Company © Company owned or Controlled by the State or Central Govt. (d) Corporation 185. For the purpose of Chapter 111-4 M.P. Accommodation Control Act landlord does not include :- i i (MPC3-20190) (@) physically handicapped Person (b) retired government servant (©) widow or divorced wife (d)- retired employee in private company 186. In which of the following cases it was held that a Retired Government servani _/ acquiring accommodation after his retirement is “landlord” me 23-J of the M.P. Accommodation Control Act :- (a) __Badrilal Vs. Sita Bai by Kunjulal Yadu and others Vs, Parasram Sharma (c) Ashok Kumar Vs. Baboolal __(d) None of the above _ (487. Which of the following provisions do not apply to the landlords oe in ‘ /23-3 of M.P. Accommodation Control Act :- Ml ; : (a) Clause (e) and (f) of Section 120) (b) Sub-section (4), (5) and (6) of Section 12 (©) Section 17 (d)- All of these within meaning of Sectio 18 182.(b) -183.(b)184.(c)_—185.(4) narzo ive Questions \. 181. The special provision foy AL, ofa landlord as provideq ler Chante : : Pler LY Control Act is appticabte to « @) A widow or a divorced wie (b) A woman employed in (©) A married woman tving dA business woman ot oe . ee landlord for the Purpose Of section 23-3 of Mp, (@) A retired servant of any Government (0) A servant of any Government (©) A divorced wife (@)_ A physically handicapped Person 183, Who is not a landlord for the eviction of a « und Mon thy ULA lOn-pe crn with her hush; Accommodation Contras : Purpose of Section 23J of M.p, Accommodation Control Act? p : IMPCJ-2014) (a) A retire ervant of Government (b) A Government Servant (oc) A divorced wife (4) A handicapped person ‘is covered within the meaning of landlord as defined under Section 23-J(ii) of the M.P, Accommodation Control Act : IMPCJ-2013], (a) Municipal Corporation (b) Any Company () Company owned or controlled by the State or Central Govt (d) Corporation 185. For the purpose of Chapter III-A M.P. Accommodation Control Act landlord does not 184. Aretired servant of a, include :- IMPCJ-2019(11)| (@)_ physically handicapped person (b) retired government servant 0) widow or divorced wife (d)- retired employee in private company \ i it ired Government servant f the following cases it was held that a Retire : m a he ving ra after his retirement is “landlord” within meaning of Section . i 5 me of the M.P. Accommodation Control Act :- a) _Badrilal Vs. Sita Bai S Kunjulal Yadu and others Vs. Parasram Sharma (©) Ashok Kumar Vs. Baboolal (d) None of the above sued in section an nie of the following provisions do not apply to the landlords ee one : Bs of M.P. Accommodation Control Act :- ~ (a) Clause (¢) and (f) of Section 12(1) ; i f Section 1 (b) Sub-section (4), (5) and (6) of (©) Section 17 @ All of these 187.(d) )__182.(b)183.(b) —184.(e) 1854) 186.00) Ror Sri ective Questions at within the time fixed by the cone, et “, enant shall pay re! ct by the (©) Twenty first day : (4) Last day No FEM Beye vateg e months for which it is payabte, under thal section. une the tenant a receing th >the Fag, Every ¢ such contra @ sixteenth day Fifteenth day ins month next foiowing eet fuses or 1 1g9, Ifa land! foray direct the landlord to pay to the tenant by way ,, Authority not exceeding the actual amount of rent and the Costs, of ths, Amy reatin dep (a) such sum double the amount of rent and the costs of PPlig, entitled to receiy Me Re “ (c) DF 188. 6. Any renting eding (b) such sum not exceed’ “ it any amount as he thinks fi a there is no such provision to pay damages to the tenant Sealers entitled to Fr: Rent Con tion 25(1) of the Accommodation Contro, A St thy, As per the provisions of Sect may deposit rent with :- (a) the landlord (b) landlord or any family member of the landlord APPC 190. (c)_ Rent Controlling Authority (d) Civil Court On the complaint of the tenant if is satisfied that the landlord without any re; 191. cause refused to accept rent he may levy on the landlord a fine, who is he :. (a) Judicial Magistrate first class (b) Rent Controlling Authority s91. (©) District Magistrate (d) District Judge | 192, ‘ a tenant knowingly gives a false statement in the application under Section oy ay, 8. .P. Accommodation Control Act, then the Rent C i we up a 5 ‘ontrol Officer can impose fy (a) Equal to two months’ rent (b) Equal to one month’s rent As (c) Upto Rs. 100/- (d) Upto Rs. 500/. 193. If no specific place i it t ' ‘pecific place is agreed regarding Payment of rent between landlord and tenant / then the tenant will pay the rent: (a) In the business place of the landlord (b) In the residential house of the landlord — (c) The landlord will come to the tenant and receive (4) Rent will be deposited in Bank account of landlord

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