Sunday, May 9, 2010
Sharda Sharma (Chanakya National Law University) has posted Interpreting Rent Control Legislation: Role of Judiciary - A Critique. The Abstract:
In India rent control legislation has caused inefficient use of built space, arbitrary allocation of space and retardation of new construction initiatives. The executive is hardly concerned to revive the rent as per market price and the judiciary is inclined to give extra benefit to the renters by interpreting the various provisions in the favour of renter. But while reading the statute it appears that Supreme Court interpretation of rent legislation is not only contrary to the intention of legislature but also its previous decision.
This article tries to analyse one such aspect of rent legislation. I have tries to answer the controversy concerning the issue that whether a habitual defaulter who pays rent just before the landlord decides to file the case for eviction will be evicted on the ground on non payment or will be get the benefit of waiver of cause of action as the rent has been paid and at the time of instituting the suit no such cause remains.