NDLI: Sham Lal (dead) By Lrs. Vs. Atme Nand Jain Sabha (regd.) Dal Bazar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	East Punjab Urban Rent Restriction Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	East Punjab Urban Rent Restriction Act, 1949 (3 of 1949)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	East Punjab Urban Rent Restriction Act, 1949, section 13(2}-Meaning of the word "First day of hearing of the application"-Whether means the date of first appearance by the defendant-tenant or the date on which the Rent Controller assesses the arrears of rent due etc. The appellant is a tenant in respect of a room forming part of the property Unit No. B-IX-148 (New), Chaura Bazar, Ludhiana, which has been rented on a monthly rental of Rs. 23 by the landlady Smt. Guran Devi on the basis of rent deed dated 7th July, 1967 for a period of three months. After the expiry of the term of the tenancy, he continued in possession of the suit premises as a statutory tenant under Smt. Guran Devi. Smt. Guran Devi, however, gifted away this property in favour of the Respondent on February 13, 1968 and from that date the appellant became a tenant under the respondent. The ejectment was sought on the ground of default in payment of rent from 13.2.1968 till the date of filing of the application for ejectment in July, 1969 under Section 13 of East Punjab Urban Rent Restriction Act, 1949. The summons of this application was served on the tenant-appellant and the returnable date was fixed for 26.6.1969. On that date, the appellant appeared before the Rent Controller, Ludhiana with his counsel and prayed for adjournment for filing written statement. The case was adjourned to 2.7.1969. On that date the written statement was filed and the tenant tendered a sum of Rs. 336 on account of arrears of rent from 13.2.1968 to 12.6.1969 together with Rs. 15 as interest and Rs. 25 as costs as fixed by the Rent Controller. The landlord accepted the amount under protest. One of the issues framed in the said case was whether the tender was a valid tender within the meaning of proviso to section 13(2) of East Punjab Urban Rent Restriction Act, 1949. The Rent Controller allowed the eviction petition being of the view that since on the first day of appearance the tenant did not tender payment he was in default. On appeal, the appellate authority reversed the finding holding that the next date fixed by the Rent Controller for filing written statement and on which date the payment was tendered and received by the landlord under protest was the "first day of hearing" contemplated by proviso to section 13(2)(i) of the Rent Act. In Revision, the High Court restored the order of the Rent Controller, Hence the appeal by special leave.
Judge	Hon'ble Mr. Justice B.C. Ray
Neutral Citation	1986 INSC 264
Petitioner	Sham Lal (dead) By Lrs.
Respondent	Atme Nand Jain Sabha (regd.) Dal Bazar
SCR	[1987] 1 S.C.R. 509
Judgement Date	1986-12-10
Case Number	918

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Sham Lal (dead) By Lrs. Vs. Atme Nand Jain Sabha (regd.) Dal Bazar

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