1.- UN SIGLO DE ESTUDIOS RÍTMICOS
C.- Teorías rítmicas
ESSENTIAL SUPPLY OR SERVICE
The tenant cannot enjoy the premises let out to him by the landlord unless and until it is coupled The tenant cannot enjoy the premises let out to him by the landlord unless and until it is coupled with other essential supplies/services without which the living in that premise is not possible.
with other essential supplies/services without which the living in that premise is not possible.
These include water, electricity, lights in passages and on staircases, conservancy and sanitary These include water, electricity, lights in passages and on staircases, conservancy and sanitary services.
services.5959 Section 45 of the RCA makes it obligatory on the part of the landlord to provide those Section 45 of the RCA makes it obligatory on the part of the landlord to provide those essential supplies or services and not to cut off or withhold the same. Therefore, section 45of the essential supplies or services and not to cut off or withhold the same. Therefore, section 45of the Rent Control Act, makes these provisions. It provides that no landlord either himself or through Rent Control Act, makes these provisions. It provides that no landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
him.6060 If a landlord contravenes the provisions of sub-section (1), the tenant may make an If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention.
application to the Controller complaining of such contravention.6161 If the Controller is satisfied If the Controller is satisfied that essential supply or service was cut off or withheld by the landlord with a view to compel the that essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).
sub-section (4).6262The section further provides that an interim order may be passed under this sub-The section further provides that an interim order may be passed under this sub-section without giving notice to the landlord.
section without giving notice to the landlord.6363If the Controller on inquiry finds that the essentialIf the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service.
such supply or service.6464The Controller may in his discretion direct that compensation notThe Controller may in his discretion direct that compensation not exceeding fifty
exceeding fifty rupees-(a)
(a) be be paid paid to to the the landlord landlord by by the the tenant, tenant, if if the the application application under under sub-section sub-section (2) (2) was was mademade frivolously or vexatiously;
frivolously or vexatiously;
59
59 Explanation I to section 45 Explanation I to section 45
60
60 Sub-section 1 Sub-section 1
61
61 Sub-section 2 Sub-section 2
62
62 Sub-section 3 Sub-section 3
63
63 Explanation to sub-section 3 Explanation to sub-section 3
64
64 Sub-section 4 Sub-section 4
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(b) be paid to be paid to the tenant bthe tenant by the landlord, y the landlord, if the landlord if the landlord had cut had cut off or withheld off or withheld the supply orthe supply or service without just and sufficient cause.
service without just and sufficient cause.6565
By way of explanation it has been mentioned in this section that essential supply or service By way of explanation it has been mentioned in this section that essential supply or service includes supply of water, electricity, lights in passages and on staircases, conservancy and includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.
sanitary services.6666 Similarly, it is also clarified in the section that for the purposes of this Similarly, it is also clarified in the section that for the purposes of this section, withholding any essential suppl
section, withholding any essential supply or service shall include acts or y or service shall include acts or omissions attributable toomissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority the landlord on account of which the essential supply or service is cut off by the local authority or any order competent authority.
or any order competent authority.6767
65
65 Sub-section 5. Sub-section 5.
66
66 Explanation I to sub-section 5 Explanation I to sub-section 5
67
67 Explanation II to sub-section 5 Explanation II to sub-section 5
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CONCLUSION CONCLUSION
The basic objective of the rent control legislation is to protect the tenant against exorbitant rents, The basic objective of the rent control legislation is to protect the tenant against exorbitant rents, arbitrary increases in the rent and ensure him security of tenure. The legislation has been arbitrary increases in the rent and ensure him security of tenure. The legislation has been necessitated by conditions of scarcity prevailing in rental housing markets of urban areas. As necessitated by conditions of scarcity prevailing in rental housing markets of urban areas. As housing is a State subject, different State Governments have framed their own rent control laws.
housing is a State subject, different State Governments have framed their own rent control laws.
By 1972, almost all the States in the country had enacted Rent control Acts (RCA).
By 1972, almost all the States in the country had enacted Rent control Acts (RCA).
The rent control Acts are generally applicable to all urban areas in the States and to most of the The rent control Acts are generally applicable to all urban areas in the States and to most of the residential and non-residential premises in these urban areas. The exempted premises include residential and non-residential premises in these urban areas. The exempted premises include those belonging to the Union Government, State Government and local authorities. Some states those belonging to the Union Government, State Government and local authorities. Some states also exclude from the preview of the Act properties falling below or above certain rental values, also exclude from the preview of the Act properties falling below or above certain rental values, newly constructed properties, as also properties belonging to charitable Trusts etc. In each city newly constructed properties, as also properties belonging to charitable Trusts etc. In each city these exemptions account for a significant proportion of the total rental housing stock.
these exemptions account for a significant proportion of the total rental housing stock.
The Acts typically contain in regard to the following provisions: a) control on letting and leasing The Acts typically contain in regard to the following provisions: a) control on letting and leasing of vacant buildings to assist tenants in their search for desirable rented accommodation, b) of vacant buildings to assist tenants in their search for desirable rented accommodation, b) fixation of „fair‟ or „standard‟ rent, c) protection to tenants against indiscriminate eviction by fixation of „fair‟ or „standard‟ rent, c) protection to tenants against indiscriminate eviction by unscrupulous landlords, d) obligations and duties of landlords vis-a-vis maintenance and upkeep unscrupulous landlords, d) obligations and duties of landlords vis-a-vis maintenance and upkeep of their rented properties, e) rights of landlords against tenants who default in paying rent or of their rented properties, e) rights of landlords against tenants who default in paying rent or misuse the premises, and f) rights of landlords for the recovery of
misuse the premises, and f) rights of landlords for the recovery of premises in specific cases.premises in specific cases.
There is a near unanimous opinion that the social objectives of rent control acts have not been There is a near unanimous opinion that the social objectives of rent control acts have not been realized. The widening divergence between the interests of landlords and tenants has not only led realized. The widening divergence between the interests of landlords and tenants has not only led to increased litigation under rent control Acts (the rent control cases make for a majority of cases to increased litigation under rent control Acts (the rent control cases make for a majority of cases in courts) but also to increased crimes. A large number of criminal cases have their origin in in courts) but also to increased crimes. A large number of criminal cases have their origin in disputes over rented properties.
disputes over rented properties.
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BIBLIOGRAPHY BIBLIOGRAPHY
Articles Articles
1.
1. Dev Satvik, Rent Control Laws in Dev Satvik, Rent Control Laws in India A Critical Analysis, NIUA WP 06-04India A Critical Analysis, NIUA WP 06-04 2.
2. Ojha, Shraddha,Ojha, Shraddha, Protection against eviction and fixation of fair rent, available at :Protection against eviction and fixation of fair rent, available at : http://legalservicesindia.com/article/print.php?art_id=510
http://legalservicesindia.com/article/print.php?art_id=510 Books
Books 1.
1. Madabhushi Sridhar, Unfair rent Uncontrolable Control, (Hyderabad: Asia Law House)Madabhushi Sridhar, Unfair rent Uncontrolable Control, (Hyderabad: Asia Law House) 2009
2009 2.
2. V.P. Sarthi, Law of Transfer of Property, (Lucknow: Eastern Book V.P. Sarthi, Law of Transfer of Property, (Lucknow: Eastern Book Co.) 2005Co.) 2005