Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | East Punjab Urban Rent Restriction Act, 1949 – s. 13 – Registration Act, 1908 – s. 17(1) (d) – Appellant-landlord filed an application u/s. 13 of the Act, 1949 and sought eviction of respondent-tenant along with arrears of rent, house tax and interest on the arrears of rent – The Rent Controller held that rent note is not signed by both the parties – It was further held that although time is not specified, but it is not a lease deed, so not compulsorily registrable – The Rent Controller held that tenant was in arrears of rent and house tax so the respondent-tenant is liable to eviction from the premises in dispute – The Appellate Court did not agree with the findings of the Rent Controller that rent note was not compulsory registrable and set aside the judgment of the Rent Controller – Aggrieved, the appellant filed a revision before the High Court and the same was dismissed – On appeal, held: The present is a case where rent deed does not prescribe any period for which it is executed – When the lease deed does not mention the period of tenancy, other conditions of the lease/rent deed and intention of the parties has to be gathered to find out the true nature of the lease deed/rent deed – The rent note contains only monthly rent and payment month by month – As per law laid down by the Supreme Court in Ram Kumar Das, there shall be a presumption that the tenancy in the present case is monthly tenancy – When the clauses of rent note are cumulatively read, the intention of the tenant is more clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month – The rent deed did not confer any right to tenant to continue in the tenancy for a period of more than one year nor it can be said that tenancy was created for a period of more than one year – Therefore, the rent not was not such kind of rent note, which requires compulsory registration u/s. 17(1)(d) of the Act, 1908 – The Appellate Court after holding that document-rent deed was compulsorily registrable and having not registered allowed the appeal – No finding was returned by the Appellate Court that tenant was not in default and tenant has deposited the necessary amount to save himself from eviction – Also, there was no finding by the Appellate Court regarding the liability of the tenant to pay the house tax – Thus, the judgment of the Appellate Court is unsustainable – The judgment and decree of the Rent Controller directing eviction of the tenant restored. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 431 |
Petitioner | Siri Chand (deceased) Thr. Lrs. |
Respondent | Surinder Singh |
SCR | [2020] 5 S.C.R. 265 |
Judgement Date | 2020-06-17 |
Case Number | 2617 |
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