J&k Home and Shops Rent control Act, 1966
Jammu Kashmir Homes and shops Rent control Act, 1966 History, Object and scope.
This blog is about history, objective and scope of jk homes and shops control act.
History
In jammu and Kashmir their was a circular (named as circular no. 136) which governed the relationship between landlord and tenant, the circular was sanctioned in year 1894. By virtue of this circular the judicial courts in jammu and Kashmir got a power to take cases with related to eviction of tenant,
to give possession of house to the landlord when tenant go away with locked house without any notice to the landlord.
The Circular got more benefits for landlord then tenant under this circular court can after preliminary enquiry for the satisfaction that house is locked, make order to unlock the house.
Due to infiltration from Pakistan in 1947, there was a influx of rural population to the urban areas especially in Srinagar and Jammu. Under such circumstances rules related to tenancy like circular 136 was more beneficial for landlords to exploit poor tenants.
In 1959 this circular rule got repealed and new act got assent from Sadar e Reyasat.
In 1942 an order was introduced in jammu and kashmir called the House Rent Control Order, 2000.(Samvant) which gave power to controller appointed by government to determine fair rent of house.
Later on Shops Rent Control Order was also
promulgated in the Samvat year 2002. The applications of both the House Rent Control Order, 2000 and the Shops Rent Control Order,2002 were extended from time to time. Both these Orders were ultimately repealed by the Jammu and Kashmir Houses and Shops Rent Control Act,2009 Samvat (1952 A.D)
On 16th of May 1966 the Jammu and Kashmir Houses and Shops Rent Control Ordinance, 1966 (Ordinance No.VI of 1966) was promulgated by the Governor of the State. Section 1(ii) of this Ordinance provided that the Ordinance would come into force on the 1st of April, 1966 i.e., the
date on which the Houses and Shops Rent Control Act, 2009 had ceased to be operative.
Objectives of the Act.
1. To make better provisions for the control of rents of houses and shops in the urban area of the state.
2. To Provide relief to the tenants against
the arbitrary increase in rents.So the basic purpose of introducing such legislations was primarily to check the demand of higher rent.
3. The Jammu and Kashmir Houses and Shops Rent Control Act, 1966 is not only intended to afford relief to the tenants against higher rents but also contains provisions protecting indiscriminate evictions of the tenants as well.
In Raghbir Singh Verses Girdhari Lal Manhas (A.I.R., 1967 JKHC;20) Bhat J., while concluding the object :of the Act
observed that the object of the Houses and Shops Rent Control Legislation is ;
To give protection and some sort of stability of tenure to tenants, to prevent them from the capricious attempts to ejectment by landlords, to prevent the landlords from increasing the rents at their will.
Scope
The jammu and Kashmir homes and shop rent control act talks about provisions related to property renting. It protect tenant against unfair and forceful eviction.
It lay downs the provisions related to rights and obligation of tenant and landlord. i.e. right to evict, right to rent, right to temporary services etc.
The statute is not complete in itself it is supplementary to the transfer if property act, 1882, none of the provisions of j&k home and shop control rent overrides the TP act (transfer of property act 1882). If the landlord wants to evict the tenant from his shop or home, he must comply with the provisions of this act and TP act also. Even if there are grounds available to the landlord for enactment he cannot file suit against tenant under this act. Every state has it's own rent and control act.
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