Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (2) Tripura Buildings (Lease and Rent Control) Act (3) 1975-Sections 20 13(/) 12-Eviction on the ground of non payment of rent. Interpretation of statute-Intention of the legislature to be found by reading the statute as a whole-In order to ascertain the meaning of a clause in a statute the court to look at the whole statute at what precedes and what succeeds and not merely the clause itself. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rent, Control and eviction: Tripura Buildings (Lease and Rent Control) Act, 1975-Sections 20, 13(1),(2), (3), 12-Eviction on the ground of non payment of rent-Appeal against, preferred without deposit of arrears of admitted rent-Maintainability of-Held, maintainable-Conjoint reading of all provisions of the Act shows that deposit of admitted rent is not a pre-condition for mere filing or presentation of memorandum of appeal-Tenant may have sufficient cause for his failure and must be given opportunity to explain the same-It is open to the appellate authority not to proceed with the hearing of the appeal or to pass any interim order in favour of the tenant until he has paid or deposited "' all arrears of rent admitted by him to be due. Interpretation of statute-Intention of the legislature to be found by reading the statute as a whole-In order to ascertain the meaning of a clause in a statute, the court to look at the whole statute, at what precedes and what succeeds and not merely the clause itself Words and phrases-'Prefer an appeal'-Meaning of in the context of S.13(1) of Tripura Buildings (Lease and Rent Control) Act, 1975. Respondent-Landlord had filed eviction petition against appellant-tenant on the ground of non payment of rent and bonafide requirement. Rent Control Court held that appellant was defaulter in payment of rent and ordered eviction. First appellate Court dismissed tenant's appeal. District Judge, however allowed revision and remanded matter for fresh consideration. On a writ petition filed by respondent, High Court held that appeal against an eviction order under S.12 was not competent unless provisions of S.13(1) were complied with. Thereafter appellant preferred Special Leave Petition which was heard by two Judges and in view of difference of opinion between them, matter came up before the three Judges Bench. Appellant contended that mere filing of the appeal without payment or making the deposit by itself does not cause any prejudice to the landlord inasmuch as it will always be open to the appellate authority not to proceed with the hearing of the appeal or not to pass any interim order in favour of the tenant-appellant until the requisite payment or deposit has been made. Respondent contended that on a plain language of the Act, the payment or deposit of admitted amount of rent by the tenant is a condition precedent for preferring an appeal and in absence of such payment or deposit, the appeal would be incompetent and is liable to be rejected. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 29 |
Petitioner | Manik Lal Majumdar And Ors. |
Respondent | Gouranga Chandra Dey And Ors. |
SCR | [2005] 1 S.C.R. 437 |
Judgement Date | 2005-01-12 |
Case Number | 7253 |
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