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1 - 10 of 12 (0.23 seconds)Section 19 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 5 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 1 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 8 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 13 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 13A in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Mangat Rai And Ors. vs Kidar Nath And Ors. on 23 May, 1961
7. A perusal of Section 6(1)(a) of the Act shows that there is a statutory prohibition to claim rent by a landlord in addition to fair rent or to claim or receive any premium or any rent in excess of such fair rent. However, there may be a stipulation for receiving advance not exceeding one month's rent. Any agreement according to Section 6(1)(b) of the Act contrary to the aforementioned provision is considered as null and void. Only those acts of landlord are punishable under Section 19 of the Act which fall within the provisions of Section 6(1)(a) of the Act. The aforementioned issue could be for consideration of the Supreme Court in Mangat Ram's case (supra) and it was held that in a case where no fair rent has been fixed, the provisions of Section 19 of the Act would not be attracted to such a case.
The Delhi Rent Act, 1995
Shri Vidya Prachar Trust vs Pandit Basant Ram on 21 March, 1969
"Section 6 thus merely provides that where a fair rent is fixed by the Controller it would not be open to the landlord to receive any amount in advance in excess of the fair rent. Section 6(2) further permits the landlord to stipulate and receive in advance an amount not exceeding one month's rent. Clause (b) make any argument for payment of any sum in excess of such fair rent null and void. This Section therefore, clearly deals with a situation where a fair rent under Section 6 is fixed by the Controller on the application of the parties. Neither in the present case nor in Vidya Prachar Trust's case (supra) was there any allegation that a fair rent had been fixed by the Controller. Section 19 is the penal section which makes a person punishable with imprisonment for a maximum period of two years if he violates the provisions of Section 6. So long as fair rent is not fixed by the Controller the parties are free to (sic) and neither Section 6 nor Section 19 would be attracted to such a case. Moreover, even if the tenant were to deposit future rent it is always open to the landlord not to withdraw the future rent but confine himself to taking out only the rent that is in arrears which will not at all violate any provision of the Rent Act."