NDLI: Budhwanti and Anr. Vs. Gulab Chand Prasad

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Doctrine of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Doctrine of "In pari delicto", applicability of-Whether it applies to tenants also who pay enhanced rents in contravention of the Rent Restriction Acts, and therefore, cannot claim later adjustment of excess rent paid contrary to law, in eviction cases on the plea of default of rent and applicability of the doctrine. Second Appeal, scope of-Interference with the finding of fact by the High Court, when permissible-Section 100 of the Code of Civil Procedure. The first appellant, widow of one Dr. Ramachandra, a tenant since 1932 of one room used as a medical shop was recognised as tenant on the death of her husband in or about 1960 by Babu Lal, the original landlord. The rent was fixed at Rs.16 per month. Over the years the rent came to be increased from Rs.16 to 60 per month, i.e. both when Dr. Ramachandra was alive and also later Babulal died on 14.11.1973 and the respondent became the Karta of the family as the senior most male member of the joint family. The respondent issued a notice on 12.6.1974 terminating the tenancy with effect from 30.6.1974 and called upon the first appellant wife to surrender possesssion of the leased shop from 1.7.74. As the appellants (wife and son of Dr. Ramachandra) failed to deliver possession a suit for eviction was filed under the Bihar Buildings (Lease, Rent and Eviction) Control Act on two grounds: (a) default of rent and (b) bonafide requirements of the junior members of the joint family. The trial court allowed the eviction petition. In appeal, the appellate court reversed the findings of the Trial Court and applying the principle of unjust enrichment contrary to statutory law, held that the appellants were entitled to have the excess payment adjusted towards arrears of rent as well as future. payments of rent since 1943. However, in the Second Appeal, the Full Bench of the Patna High Court held that the rule of "in pari delicto" would squarely apply to tenants who pay enhanced rents ·in contravention of the terms of the Rent Restriction Acts and therefore the appellants cannot claim adjustment of excess rent paid and seek avoidance of their eviction. The High Court also reversed the finding of the appellate court on the question of bona fide requirement as being vitiated by misreading of facts and misapplication of law. Hence the tenant's appeal by special leave.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 70
Petitioner	Budhwanti And Anr.
Respondent	Gulab Chand Prasad
SCR	[1987] 2 S.C.R. 534
Judgement Date	1987-03-04
Case Number	4110

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