THE DELHI AND AJMER RENT CONTROL ACT, 1952

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The Delhi and Ajmer Rent Control Act was enacted on April 15, 1952 for the purpose of regulation of rents as well as evictions and also to give on lease the property which is vacant to the Government in State of Delhi and Ajmer. The application of the Act extends to the parts mentioned in the Schedule 1 and shall also be made applicable to other parts in the Delhi and Ajmer States by the Government of India after publicizing in the Gazette of India. The Government also has the power to restrict its application to some of the areas. According to the provisions of the Act, the Act shall not be extended to the areas that are under the control of the Government or to the tenancy relationships which is formed by the award from the Government with regard to the premises that are leased or applied for by the Central Government. The tenant is not under the responsibility to his landlord to employ the premises for amount exceeding the correct rent without considering any agreements entered contrary to the terms of the Act. But this provision shall be applicable only if the increase made to the standard rent is normal and legal. The agreement which is enforced for the fixing of rent more than the standard rent will be illegal and be interpreted in the same way as the agreement is for the fixing of standard rent.

Additionally, the Act states that the unlawful charges should not be levied as rent more than that of the standard rent. The above mentioned provisions shall not be extended to payment towards the agreement concluded prior to November 1, 1939 and to the payment according to the agreement with the owner of land in order to finance the structure made in the premises of the land where any stipulation in the agreement is that the owner of the land shall give for rent to the person when the structure is completed and can be used by that person or his family members. If the landlord had spent any amount for the improvement or maintenance in the premises, the landlord is permitted to make lawful enhancement of the rent every year but the amount shall not go beyond 7.5 percent of the amount spend on the premises.

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If disagreement occurs between the landlord and the tenant in respect of the standard rent which is to be paid for premises with regard to Schedule II and if on or subsequent to June 2, 1944, any such premises are given for rent and the rent to be paid is unlawful according to the Court, the Court is empowered to determine the standard rent when a suit is filed or application is made. The provision is also included in the Act for safeguarding the tenant from being evicted from the premises, for the recovery of ownership by the landlord for occupation as well as re-entry and also for the revival of ownership for maintenance and renovation and re-entry to the premises.

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Further, if the landlord intends to progress or build an extra structure on any construction that is not given for rent to tenant and if the tenant did not permit to reconstruct the building, the landlord can approach Court and on such application the Court shall authorize the landlord to continue with the work if he is prepared to carry out the work immediately. Another condition is mentioned in the Act for the buildings that are vacant. The provisions of the Act will not be applicable to hotels as well as lodges that are located in Delhi municipalities and also in such areas specifically mentioned under the Act. For the purpose of performing the tasks entrusted under the Act, the Central Government shall appoint a Controller. Fair rent shall be determined by the Controller when an application is received in this regard.