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Article Published in the Express Magazine Dated
December 09,
2001
General Attorney : Rajiv K. Luthra
I am a tenant of a commercial property in Delhi
and paying Rs. 7,500/- as rent. Now my landlord
wants me to vacate, since he wants more rent. Can
he just eject me like this? If so, how long would
the procedure take?
S.K. Chandran, Delhi
Since you are paying more than Rs 3,500/- as rent
the applicable law in your case is the Transfer of
Property Act, 1882 ("Act"). The said Act, under
Section 111, provides certain circumstances under
which a lease of immovable property may determine,
however, a lot is dependent on what has been
agreed between the parties in the lease deed. The
terms and conditions of the lease deed, therefore,
need to be carefully studied.
To give you a broad overview, a lease under the
aforementioned Act may determine amongst other
grounds - if the time limit provided in the lease
deed has elapsed; the condition for which the
lease had been limited is fulfilled; or when there
is a merger of the lessee's and the lessor's
interests in the whole property; or by forfeiture;
that is to say (1) if the lessee breaks an express
condition which provides that, on breach thereof,
the lessor may re-enter or (2) if the lessee
renounces his character by setting up a title in a
third person or by claiming title in himself; or
(3) the lessee is adjudicated an insolvent and the
lease provides the lessor may re-enter on such
happening; and in [any of these cases] the lessor
or his transferee [gives notice in writing to the
lessee of] his intention to determine the lease;
or on the expiration of a notice to determine the
lease, or to quit, or of intention to quit, the
property leased, duly given by one party to the
other.
Section 106 of the Act stipulates that in the
absence of any contract or local law or usage to
the contrary, lease of an immovable property for
purposes other than agricultural or manufacturing
are deemed to be a lease from month to month and
is terminable either by the lessor or the lessee
by giving a fifteen days notice, expiring with the
end of the tenancy month. However, if you have an
existing valid lease agreement, it may not be open
to your landlord to eject you only on the ground
of enhanced rent. Thus, subject to the terms of
your lease agreement, your landlord has to issue
you a notice in terms of the provisions of Section
106. After the notice period is over, and if the
issue is not resolved amicably, your landlord can
file a suit for eviction against you. Only after
the suit is decided can the landlord then eject
you.
The latest order of the Supreme Court of
banning smoking in public places has come as a
shock for tobacco traders like myself. How does
this ruling reconcile with the fundamental rights
provided in our Constitution?
Anil Kumar, Faridabad
The Hon`ble Supreme Court in a public interest
litigation extended a ban on smoking in public
places throughout the country.
No doubt, in terms of Article 19 (1) (g) of the
Indian Constitution all citizens have been granted
the right to practice any profession, or carry on
any occupation, trade or business. However, by
virtue of clause (6) of the same Article it is
provided that “nothing in sub-clause (g) of the
said clause shall affect the operation of any
existing law in so far as it imposes, or prevents
the State from making any law imposing, in the
interest of the general public, reasonable
restrictions on the exercise of the right
conferred by the said sub-clause…”. Thus
fundamental rights guaranteed under Article 19 are
not absolute, but subject to reasonable
restrictions to be imposed on enjoyment of such
rights. The reasonableness of restrictions are to
be determined in an objective manner and from the
standpoint of the interests of general public and
not from the standpoint of the interests of the
persons upon whom the restrictions are imposed.
Health is a serious matter and must be protected
in the interest of the public.
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