Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 30(1),30(b),30(2),30(3),30(i),30(ii)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   --S. 30(1), proviso (b), (2),, read with S. 30(3)(i)-Notice mentioned in S. 30(1), proviso (b) and in S. 30(2) is a notice of transfer-Notice of demand not mentioned in these provisions, The notice mentioned in proviso (b) to subsection (1), as well as in subsection (2) of section 30 is a notice of transfer, and there is no mention in these provisions of a notice of demand.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30(3)(i), (ii)-Ejectment sought on ground that house had been sublet-Prior notice of demand not necessary Application for ejectment can be inquired into in absence of such notice.   Held, that the question of subletting alleged against the tenant can be inquired into by the Rent Controller even though there has been no prior notice of demand.   The Legislature has made a distinction between the case of a tenant who defaults in the payment of rent and that of a tenant who parts with the property or does other acts mentioned in clause (ii) of this subsection. In the first case the service of a notice of demand is an essential prerequisite before holding that the tenant has defaulted in the payment of rent; whereas in the second case there is no such requirement, and the acts mentioned in the second clause are made penal if they are committed after the transfer. The distinction between the two types of cases is obviously based on a rational principle, namely, that after the statutory relationship of landlord and tenant has come into existence between the parties, it is only reasonable and proper that the transferee must indicate by a notice of demand the rate of rent which he wants to charge, within, of course, the limits allowed by proviso (a) to subsection (1) of section 30; but in the case of acts of subletting, etc., there can be no question of a notice of demand before the acts are committed. At the most there could perhaps be a notice of prohibition, which is not mentioned anywhere in the Act. The very existence of the relationship between the parties presumes that these acts will not be committed, unless…