Landlord and Tenant-Increase of Rent· (Restriction) Ordinance, 1949, section 16 (1);-Title of applicants-Order for possession of whole when part under Ordinance-Reasonableness matter for Board.
Case summary
Proceedings were brought before the Central Rent Control Board for possession by the landlords/respondents, the trustees for a Goan association, against the tenants, to whom the Society let certain premises in 1933, and the subtenants (present appellants). The Board gave vacant possession after considering submissions that the head tenants were no longer in occupation; that the tenants were irregular and in arrear in payment of rent; and that the premises were reasonably required by the members of the Society.
Held (12th June 1956):
That since the Rent Control Board is a body exercising judicial functions informally, applications to the Board do not require to be in any prescribed form; and that, as regards a society or similar body, applications may be presented by any person or persons having the authority of such body.
That when any part of premises are sublet after the operative date of the Ordinance (1941), the remainder having at any time previously been sublet, the landlord is entitled to an order for possession of the whole premises against both head and subtenant, subject to a consideration of the question of reasonableness.
Cases cited: Sherrin v. Brand (1956) 1 C.A. 194 and (1956) 2 W.L.R. 131; Francis Jackson Developments Ltd. v. Hall and Another (1951) 2 K.B. 488 ; Ismail Mohammed Chogley v. Jagat Singh Bains (1955) 22 E.A.C.A. 27, (1955) 3 All E.R. 148, and (1955) 1 W.L.R. 877; McIntyre and Another v. Hardcastle (1948) 2 All E.R. 696 ; Shariff Adarus Bin Hussein Sagal v. Akberali Karim Khaku and Another (1955) 22 E.A.C.A. 344 ; Copians v. King (1947) 2 All E.R. 393 ; Bhagwanji Premchand and Others v. J. M. Gomes and Others (1956) 23 E.A.C.A. 9.
Counsel:
Nazareth, Q.C., for the Appellants.
Khanna for the Respondents.
Reported by:
R. H. Lownie, Esq., Resident Magistrate.
