Rent Control Laws were enacted in Europe especially in London in the aftermath of second word war which had destroyed the urban habitats on a massive scale. Object was to prevent landlords from taking advantage of unfortunate situation by hoarding residential accommodation. Rent Control legislation besides other things, protect the tenants from eviction except with the permission of courts only in specified circumstances. One such circumstance is that the landlord requires the property for his bona fide need.
Rent Control in India:
Delhi Rent Control Act is one such legislation. Initially introduced in 1936 it was recast and reenacted in 1958. Similar legislations are in place in every other state of Bharat (aka India). After the Amendments made in the year 1988, the provisions of the Act are intended to apply only on properties let out for rent below Rs. 3000.
The Delhi Rent Control Act, as originally enacted did not provide for eviction of commercial properties on the ground of bona fide requirement of the tenant. Supreme Court, a few years back struck down this anomaly as unconstitutional and opened flood gates of litigation for landlords of commercial properties to seek eviction of tenants. Continue reading