Law: Cantonments Rent Restriction Act, 1963

Section: 7(5),17,17(8)

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Rent agreement, covenants of---Scope---Expiry of tenancy period---Where the tenant continued to occupy the tenement after the expiry of the term mentioned in the agreement the covenants of the agreement continued to apply except such covenants that were in conflict with the provisions of the applicable rent law. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 7(5)---Increase in fair rent---"Landlord prohibited from increasing rent unilaterally before expiry of a period of three years" [section 7(5) of the Cantonments Rent Restriction Act, 1963]---Scope and meaning---Parties were free to agree to a fixed rate of rent or a rate that was variable to be increased either by a certain amount or by a certain percentage of the existing rent after a specified period of time, and there was no prohibition in law in such regard---Periodical increases agreed between the parties under the tenancy agreement had to be regarded as the rent determined by an agreement between the landlord and the tenant within the meaning of S. 7(5) of the Cantonments Rent Restriction Act, 1963 ('the Act')---Prohibition contained in S. 7(5) of the Act only meant that no unilateral increase to the surprise of the tenant was permissible before the expiry of three years---Increase, which was not unilateral but with the consent of both the parties could not be subsequently disputed by the tenant unless it was called in question through an application made for fixation of fair rent---What was prohibited under S. 7(5) of the Act was that no unilateral increase was to be made beyond what was determined under the tenancy agreement, be it fixed or variable rate---Only in circumstances where there was unilateral increase in rent or where fair rent had been fixed by a Court of Controller of Rents that the rent could not be increased unless a period of three years had elapsed. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 7(5) & 17--- Eviction of tenant---Rent determined between the parties--- Scope--- Prohibition contained under S. 7(5) of the Cantonments Rent Restriction Act, 1963---Scope---Tenancy agreement was…

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