Deck 3: Landlord-Tenant Laws and Property Acquisition in India

Question 1

The term 'landlord' also means 'Agent receiving rent' was observed in

A)oakley v. wilson
B)barker v. levinson
C)both (a) & (b)
D)none of the above

Answer 1

both (a) & (b)

Question 2

'Paying guest' implies

A)a person is given a part of the premises on license
B)the person is not the member of the family of the licensor
C)the licensor also resides in the premises
D)all the above

Answer 2

all the above

Question 3

Landlord is entitled to critically examine his premises was held in

A)empeegee portfolio services pvt. ltd. v. sharada navinchandra shah
B)kamalabai laxman mutraj v. bherumal verimal haran
C)in both (a) & (b)
D)in none of the above

Answer 3

in both (a) & (b)

Question 4

Maharashtra Rent Control Act puts Bar of Jurisdiction on Civil Court in Section 47

A)true statement
B)partially true
C)false statement
D)in some cases

Question 5

Landlord can temporary increase rent not exceeding 25 % of the Standard Rent

A)yes always
B)no
C)only when landlord has carried out structural repairs
D)occasionally

Question 6

The main purpose of provision of fixing Standard Rent is

A)to bring uniformity in rents
B)for deciding local tax rates
C)to provide remedy to weaker sections of tenants against exploitation by the landlord
D)to help state government in revenue collection

Question 7

A party aggrieved by the order passed by the Tahsildar under section 140 of the MLR Code

A)can file an appeal u/s 257 of the code
B)can file a civil suit
C)both (a) & (b)
D)no appeal lies

Question 8

The powers of review under section 258(2) of MLR Code are

A)akin to the powers of review under civil procedure code
B)can be invoked only if the circumstances mentioned therein are satisfied
C)both (a) & (b)
D)very wide

Question 9

Tahsildar while executing powers under the provisions of MLR Code

A)does not have power to review
B)does not have jurisdiction to review
C)can review only with prior permission from the superior authorities/ officers
D)all the above

Question 10

According to Section 262 of the MLR Code ____________ has the power to fix & levy assessment for land revenue

A)the collector
B)the tahsildar
C)civil judge
D)all the above

Question 11

As per Section 274 of MLR Code, an appeal lies to the Maharashtra Revenue Tribunal against any decision or order passed

A)the collector
B)assistants of the collector
C)other subordinates exercising powers of the collector
D)all the above

Question 12

The headquarter of the Maharashtra Revenue Tribunal is in

A)brihan mumbai
B)pune
C)nagpur
D)aurangabad

Question 13

Who is the chief officer entrusted with local revenue administration at Taluka level?

A)naib tahsildar
B)tahsildar
C)additional tahsildar
D)circle inspector

Question 14

What are the N. A. purposes ?

A)erecting any building which is not a 'farm building'
B)industrial purpose
C)commercial purpose
D)all the above

Question 15

Under section 8 of the MLR Code, __________ has power to appoint survey officers for fixing of boundary and boundary marks

A)the collector
B)the state government
C)the central government
D)the high court

Question 16

The first piece of legislation in India in respect of acquisition of property was

A)the bengal regulation 1 of 1824
B)act xxviii of 1839
C)act xvii of 1850
D)madras act xx of 1825

Question 17

Acquiring land without payment of compensation would have been arbitrary, violating

A)article 14
B)article 15
C)article 19
D)article 21

Question 18

The SC in __________ held that The Land Acquisition Act, 1894 provides for the assessment and payment of compensation

A)ali hassan v. lt. governor
B)ram jiyaman v. state of uttar pradesh
C)waman rao v. union of india
D)somawati v. state of punjab

Question 19

Land Acquisition Act, 1894 is a

A)central act
B)state act
C)both central & state act
D)neither central nor state act

Question 20

Who can enact law relating to acquisition of property?

A)union government
B)state government
C)both union & state government
D)neither union nor state government

Question 21

Land Acquisition Act, 1894 was replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act in

A)2012
B)2013
C)2014
D)2015

Question 22

Under the Land Acquisition Act, the process of acquisition begins with a preliminary notification on signaling the need to acquire the land

A)notification is issued in the official gazette only
B)notification is issued in two daily newspapers circulated in the concerned locality
C)notification is issued both in official gazette as well as in two daily newspapers circulated in the concerned locality of which at least one shall be in the regional language.
D)both (a) & (b)

Question 23

The notification puts forward

A)the intention of the government to acquire land
B)entitles the government officials to investigate and ascertain whether the land is suitable for the purposes
C)both (a) & (b)
D)none of these

Question 24

An award of a collector is an offer of compensation made on behalf of the government.

A)claimant may not accept the award or accept it with protest
B)person not accepting the award or accepting with protest has a right make an application to the collector to refer the matter to the civil court for determination of market value of the land acquired
C)both (a) & (b) are correct statements
D)only (b) is correct statement

Question 25

Provision of Housing units in case of Displacement include

A)if a house is lost in rural areas, a constructed house shall be provided as per the indira awas yojana specifications. if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house.
B)if a house is lost in urban areas, not less than 50 sq mts in plint area a constructed house shall be given. if any such family in urban areas opts not take the house offered, may get one lakh fifty thousand rupees as a one-time financial assistance.
C)both (a) & (b) are correct statement
D)both (a) & (b) are partially correct statement

Question 26

When can the Collector take Possession of the Land under Acquisition process u/s 38?

A)after ensuring the full payment of compensation within the period of three months
B)after ensuring rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of six months for the monetary part of rehabilitation and resettlements.
C)after the publication of notification showing the intension to acquire
D)both (a) & (b)

Question 27

Which one is the incorrect Statement- under Land Acquisition Act, 1894

A)the land acquired for public purpose shall be used for the same
B)it is obligatory upon the state to return the land to the original land owner if it is not put to use for what purpose the land is acquired.
C)the land acquired for a company first vests in the state and then is transferred to the company on payment of amount or cost of acquisition
D)if the acquired land is no longer required by the company it should not be offered back to the original owner

Question 28

Under Land Acquisition Act, 1894 collector has power to acquire the land, in cases of urgency from the date of preliminary notification without following the procedure accorded in the section 5-A of the Act

A)for a period of three years
B)for a period of five years
C)for a period of seven years
D)for a period of ten years

Question 29

Salus Populi est Supreme lex means

A)supreme court laws are better
B)people should pay great respect to welfare law
C)regard for the public welfare is the highest law
D)supreme law should be popular

Question 30

Necessities Public a major est quam Privata means

A)public necessity is greater than private necessity.
B)necessity is basis of law
C)law should be based on necessity
D)majority should be consulted to make good law

Question 31

In Kesvananda Bharati v. State of Kerala the court by 7:6 majority held that

A)parliament can amend any provisions of the constitution under its constituent power (article 368)
B)it can ament fundamental rights also
C)the parliament power to amend does not include the power to alter the basic structure or frame work of the constitution
D)all the above

Question 32

Can a member of owner's family become a tenant?

A)yes.
B)no.
C)through agreement only
D)depends on case

Question 33

Tenancy of any land stands terminated when tenant

A)fails to pay the rent for any revenue year before the 31st day of the may
B)has done any destructive or permanently injurious act to the land
C)has failed to cultivate it personally
D)all the above

Question 34

Every appeal or application for revision under Tenancy Act shall be filed within a period of

A)60 days
B)90 days
C)30 days
D)45 days

Question 35

At present, which tenancy laws are in operation in Maharashtra?

A)maharashtra tenancy & agricultural lands act (vidarbha region)
B)hyderabad tenancy & agricultural lands act
C)maharashtra tenancy & agricultural lands act
D)all the above

Question 36

Surrender of Tenancy Right by the Tenant

A)must be in writing
B)must be verified before the mamlatdar
C)both (a) & (b)
D)none of these

Question 37

Which is incorrect about the surrender of tenancy

A)it may not be voluntary
B)tenant understands the consequences of surrender
C)it must be writing
D)must be before mamlatdar

Question 38

What is the duties of Mamlatdar?

A)to decide whether a person is an agriculturist
B)to decide whether a person is / was at any time is past a tenant
C)to determine the rates of the rent
D)all the above

Question 39

Appeal against an order of the Agricultural Land Tribunal lie to

A)the collector
B)district civil judge
C)high court
D)divisional commissioner

Question 40

Revision application against the order passed by the collector in appeal lies to

A)maharashtra revenue tribunal
B)high court
C)supreme court
D)maharashtra revenue tribunal only on specified ground

Question 41

What is the exclusive jurisdiction to try the matters arising out of Tenancy?

A)agricultural land tribunal
B)mamlatdar
C)collector
D)all the above

Question 42

Landlord's right to terminate tenancy for cultivation includes

A)the tenant is not a permanent tenant
B)the land is required for bona fide personal cultivation & for non-agriculture purpose
C)both (a) & (b)
D)none of the above

Question 43

Maharashtra Rent Control Act applies to premises let for the purposes of residence, education, business, trade or storage in the areas specified in

A)schedule i
B)schedule ii
C)schedule iii
D)only schedule i & schedule ii

Question 44

9th schedule along with Article 31B was added in 1951

A)through the first amendment in indian constitution
B)through the second amendment in indian constitution
C)through the third amendment in indian constitution
D)through the fourth amendment in indian constitution

Question 45

What document includes in the term "Instrument" as per the Maharashtra Stamp Act, 1958?

A) Letter of Credit
B) Promissory Notes
C) Bill of Exchange
D) None of the above

Question 46

For how long is the stamp valid from the date it is paid?

A) Three Months
B) Four months
C) Six months
D) One year

Question 47

As per the MRTP Act, 1966 What is included in the term "Development"?

A) Building
B) Mining
C) Erection
D) All of the above

Question 48

Which section of the MRTP Act, 1966 covers the concept of Acquisition of Land?

A) Section 115
B) Section 125
C) Section 135
D) Section 145

Question 49

As per the MHADA Act, 1976 what includes in the term "Amenity"?

A) Supply of water
B) Market & Conservancy
C) Drainage & Sewage
D) All of the above

Question 50

Who can collect cess against property as per the MHADA Act 1976?

A) The Administrative Office
B) The Gram Panchayat
C) The Municipal Corporation
D) None of the above

Question 51

What is the Full Form of FSI?

A) Floor Size Indicator
B) Floor Space Indicator
C), Floor Space Index
D) Floor Space Indicator.

Question 52

What is the Formula of FSI?

A) Total plot area divided by total area on all floors
B) Total No. of floors divided by total area on all floors
C) Total area on all floors divided by total plot area
D) Total area on all floors divided by no. of floors

Question 53

What is the full form of TDR?

A) Transfer of Development Rights
B) Transfer of Developing Rights
C) Transmission of Development Rights
D) Tr

Question 54

As per the Maharashtra Agricultural land (Ceiling on Holdings) Act, 1961 what includes in the term "Agriculture"?

A) Horticulture
B) Dairy Farming
C) Poultry Farming
D) All of the above

Question 55

As per the Maharashtra Agricultural land (Ceiling on Holdings) Act, 1961 what includes in the term "Land"?

A) Canals
B) Trees
C) Wells
D)/ All of the above

Question 56

As per the Maharashtra Agricultural land (Ceiling on Holdings) Act, 1961 which land is to be considered as "Exempted Land" ?

A) Land held by farmer
B) Land held by company
C) Land held by Government
D) None of the above

Question 57

As per the Maharashtra Land Revenue Code 1966 which of these is a right in unoccupied land ?

A) Title Right
B) Rental Right
C) Wajib-ul-arz
D) None of the above

Question 58

As per the Maharashtra Land Revenue Code 1966 which of these is a right of Records?

A) Agreement For Sale
B) 7/12 Extract
C) Occupation Certificate
D) None of the Above

Question 59

As per The section 262 of the Maharashtra Land Revenue Code 1966 Who is responsible for the Assessment and collection of land revenue?

A) Circle Officer
B) Collector of the District
C) Talhathi
D) None of the above

Question 60

As per the Maharashtra Tenancy & Agricultural Lands Act, 1948 who is a "Tenant" ?

A) A person who is deemed to be a tenant under section 4 of the act
B) A person who is deemed to be protected tenant under section 4A
C) A person who is a permanent tenant
D) All of the above

Question 61

As per the Maharashtra Tenancy & Agricultural Lands Act, 1948 what all includes in the term "Land" ?

A) RCC building
B) Farm Building
C) Heritage Building
D) All of the above

Question 62

As per the Maharashtra Rent Control Act, 1999 Who is a "landlord"?

A) Person entitled to receive rent
B)A tenant in respect of his sub-tenant
C) Both of the above
D) None of the above

Question 63

As per the Maharashtra Rent Control Act, 1999 which covers the area of recovery of possession of the property by the landlord?

A) Section 20 to 28
B) Section 15 to 24
C) Section 22 to 30
D) Section 26 to 34

Question 64

As per the Maharashtra Rent Control Act, 1999 which of these grounds is available for landlord for recovery of possession of the property ?

A) Premises are not being used for six months
B) If premises are to be demolished
C) Tenant giving notice to quit
D) All of the above

Question 65

As per the Registration Act, 1908 which does not include in the term "Immovable Property" ?

A) Land & Buildings
B) Ferries & Fisheries
C) Timber, grass & crop
D) None of the above

Question 66

As per the Registration Act, 1908 which of these documents are exempted from Registration?

A) Leave & licence Agreement
B) Decree or order of the Court
C) Gift deed
D) None of the above

Question 67

What is the full form of CRZ ?

A) Coastal Reservation Zones
B) Coastal Restricted Zones
C) Coastal River Zones
D) Coastal Regulations Zones

Question 68

Which of these includes in the CZR from the landwards towards the sea ?

A) HTLupto 500 meters
B) HTLupto 1000 meters
C) HTLupto 1500 meters
D) HTLupto 2000 meters

Question 69

As per the section 2(1) of the Urban Lands (Ceiling and Regulations) Act, 1976 Which of these means "To hold" ?

A) To have
B) To Own
C) To use
D) To Take

Question 70

As per the Land Acquisition Act, 1894 who is land authority?

A) The Town Planning Authority
B) The State Government
C) The Central Government
D) The local court of the area