LL.B.

I/III/V Semester Annual Exams

RENT CONTROL AND SLUM CLEARANCE

LB-5035/LB-5033 (New/Old Course)

Marks: 100 Time: 3:00 hours

Instructions: All questions carry equal marks. Any four may be attempted.(25 marks)

Q1. ‘A’ gave a hall to ‘B’ to run a restaurant. This restaurant is a part of a hotel building. As
per license agreement, licensee shall pay Rs.20,000 annually in two instalments and could
transfer his interest with consent of licensor. ‘B’ could run any other business with the
condition of paying the above-mentioned amount to the licensor. Licensee has been in
possession of the hall since the last five years. Now the licensor wants to revoke the license.
Licensee has challenged it before the competent court. Decide with the help of relevant cases
while bringing out the difference between lease and license.

Q2. ‘X’ let out his flat to ‘Y’ for a period of three years for residential purpose at the rate of
Rs.2000 per month in the year 1995. ‘Y’ resides with his parents and wife who is employed
in a private company and his daughter who is dependent upon her father. In January 2000,
while still in possession ‘Y’ died. Discuss the tenancy rights of the deceased tenant‘s wife,
daughter and his parents under the Delhi Rent Control Act. What would have been your
answer if tenancy was for non-residential purpose?

Q3. ‘A’ filed an application for eviction on the ground of non-payment of rent by his tenant
‘B’ before the Rent controller. The Rent Controller ordered the tenant to deposit the arrears of
rent. Tenant complied with the order of the Rent Controller but in the meantime the suit was
withdrawn by ‘A’ on the technical ground of non-issuance of notice to ‘B’. Subsequently the
tenant did not pay rent for eight consecutive months. The landlord filed an application on the
ground of arrears of rent. Rent controller passed the order of eviction on the ground that the
tenant has already taken the benefit of section 15(1). Tenant appealed before the Supreme
Court. Decide.
Q4. ‘A’ lets his premises to ‘B’ for residential purpose in 2004. ‘B’ with consent of ‘A’ ,
converts one room in the premises into a shop. In the year 2006, A died leaving behind his
widow, two sons and a daughter. A’s widow filed a suit for eviction in 2008 against ‘B’
under section 14 (1)(e) of the Delhi Rent Control Act, 1958. She claims the entire premises is
required bonafide for the use of herself and her children. Will she succeed? Decide keeping in
view the decision of the Supreme Court in Satyawati Sharma Vs Union of India, 2008(6)
SCALE 328.

Q5. ‘A’ lets out premises in suit to ‘B’ for a period of three years by virtue of permission
granted under section 21 of the Delhi Rent Control Act,1958. She mentioned it before the
Rent Controller that she needed the house for herself after the period of three years. After
three years she filed an application under section 21 asking the controller to place her in the
vacant possession of premises as she needed the premises for her second son. Tenant filed the
objection on the ground that the landlady obtained permission by playing fraud and she does
not need it for her second son. Decide.
Whether availability of sufficient accommodation is a relevant factor for deciding about
validity of permission?

Q6. ‘A’ landlord required his house for demolition and reconstruction. While the sanction
plan was pending the Slum Areas Act, 1956 was passed. The landlord applied for permission
under section 19 of the Act and the same was rejected by the competent authority. The
landlord challenged the Constitutional validity of section 19 on the ground that it confers
unguarded discretion and arbitrary power to grant or refuse permission under the Act. Decide.

Whether factors laid down under section 19(4) of the Slum Areas Act 1956 ought to be read
cumulatively or alternatively?