2. APPLICATION OF THE ACT OF
1955
APPLY TO ALL NON AGRICULTURAL TENANCY
THE LANDS THAT ARE EXCLUDED:
(ANNUAL LEASE AND SHORT
LEASE, HELD BY STATE GOVERNMENT, FOR
RESIDENCE OR SERVICE)
3. OBJECTIVE OF THE ACT
To give protection to an urban area non agriculturist
tenant against:
Arbitrary ejection
Arbitrary enhancement of rent
4. WHAT THE ACT PROVIDES
FOR?
FREEDOM FROM EJECTMENT
FAIR RENT
5. DEFINITIONS FOR THE PURPOSE
OF THIS ACT
U/S 3(b) land means which is let or occupied for residential or business purposes or
for purposes incidental thereto, and includes sites for buildings, water, water-
ways, drains, ditches, canals, tanks and wells appertaining to such land;
U/S 3(c) landlord' means a person immediately under whom a tenant holds but
does not include the Government
U/3(d) 'Permanent Structure' means a structure made of cement-concrete, stone,
brick, iron, aluminium, asbestos or wood or any combination of these materials:
Provided that a building with bamboo or Ikra walls and thatched roof shall also be
regarded as a permanent structure, if its frame is constructed of any of the
materials mentioned above;
U/S 3(f) 'rent' means whatever is lawfully payable in money or in kind by a tenant to
his landlord on account of the use and occupation of his holding under such
landlord
U/3(g) 'tenant' means a person who holds land under another person, other than
Government and who is, but for a special contract, liable to pay rent for that land
to the latter, and includes a person who derives his title from a tenant, and a
person who continues in possession of any land after termination of his tenancy
in respect of that land
U/S 3(h) 'urban area' means any area declared to be included in a municipality
6. Section 4 - Obligation to pay rent
A tenant shall pay rent for his holding at fair and
equitable rates :
Provided that in case of dispute the rate at which rent
has been previously paid by a tenant immediately
before the dispute shall be deemed to be fair and
equitable unless the contrary be proved in a
competent Civil Court.
7. Section 5: Protection from Ejectment
According to the contract, the tenant is entitled to
build a permanent structure/ building
And he had constructed that building
The building was constructed within 5 years from the
date of contract
The building was used for residential/business
purpose
The construction was within the knowledge and
acquiescence of the landlord.
if these conditions are
fulfilled, the person cannot be ejected except on
ground of non-payment of rent (k M Medhi vs K P
Barua)*
*the rafiquenessa case in your syllabus speaks about
the same principle as decided by SC.
8. COMPENSATION FOR
IMPROVEMENT
(SECTION 6)
(a) whether the tenant has effected any
improvement on the land of the tenancy; or
(b) whether such improvement is reasonable
improvement; or
(c) whether any compensation may be paid for
such an improvement, and if so, how much, the
question shall be
DECIDED BY THE COURT HAVING
REGARD TO THE CIRCUMSTANCES OF EACH
CASE.
9. EJECTMENT PROCEDURE
NO TENANT CAN BE EJECTED EXCEPT IN
EXECUTION OF A DECREE FOR EJECTMENT BY A
CIVIL COURT U/S 5(2)
NO DECREE OF EJECTMENT PASSED ON
GROUND ON NON PAYMENT OF RENT SHALL BE
EXECUTED WITHIN 30 DAYS FROM THE DATE OF
DECREE. U/S 5(3)
FOR EJECMENT ON GROUND OTHER THAN NON-
PAYMENT OF RENT, 1 MONTH NOTICE TO BE
GIVEN BY THE LANDHOLDER U/S 11
COURT TO DECIDE “REASONABLE
IMPROVEMENT” AND SUITABLE COMPENSATION
11. ENHANCEMENT OF RENT BY
WRITTEN CONTRACT
(a) the contract must be in writing and registered;
(b) (b) the rent must not be enhanced so as to
exceed by more than “ninteen paise”
(c) the rent fixed by the contract shall not be liable
to enhancement during a term of six years from
the date of contract:
Provided as follows –
Landholder may recover a rate of rent which was
being paid continuously for 3 years immediately
before the claim.
The limit of 19 paisa can be exceeded if the tenant
agrees to pay for improvement made by
landholder for benefit of tenant.
12. Section 8 - Enhancement of rent
without Contract
In the absence of a contract mentioned in Section
7, the tenant shall be liable to pay reasonable
increment of rent for necessary improvement
done by the landlord.
13. Section 9 - Enhancement of rent
by application to Court
Rule of enhancement of 19 paisa to be kept in view.
If land revenue increases, the rent is also to be
increased
The order passed by the Court on an application
made under this section shall have the effect of a
decree and shall be appealable.
Within 6 years enhancement not to be done
Court may refuse enhancement
14. Section 10:
SALAMI
IT IS EQUAL TO 1 YEAR RENT AT THE
INITIATION.
IT IS ILLEGAL:
IF IT IS EXCESSIVE AND
DURING RENEWAL
