Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Determination of tenancy Rent Control whether necessary before filing of suit Ejectment for non-payment of arrears of rent Bombay Rent control act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control—Ejectment for non-payment of arrears of rent—Determination of tenancy, whether necessary before filing of suit—Notice to quit, validity of Tenancy, according to Indian Calendar—Whether converted to one under British Calendar— Relief against forfeiture—Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVI of 1947) s. 12(3)(a).The appellant was a tenant of the respondents in respect of certain residential. premises. The tenancy was by the Indian Calendar. The appellant did not pay arrears of rent for about 5 years and the landlords gave him notice to quit as he was in arrears of rent for more than six months and asked him to quit on the last day of the Indian month. On the appellant’s failure to comply the landlords filed a suit for ejectment under s. 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Within two months of the institution of the suit the appellant deposited the arrears of rent. The suit for ejectment was decreed. The appellant contended that in view of s.27 of the Act and r, 4 the tenancy was deemed to be by the British Calendar and the notice to quit expiring with the end of the Indian month was invalid and that he should have been relieved against forfeiture. The landlords contended that no notice to quit was necessary for filing the suit, that the notice given was valid and that there could be no relief against forfeiture.Held, that the suit for ejectment was rightly decreed. It was incumbent upon the landlords to determine the contractual tenancy by a proper notice before they could file a suit for the ejectment of the tenant on the ground of non- payment of arrears under s. 12(3) (a) of the Act. The Act did not create a new right in the landlord to evict the tenant for non-payment of rent; the right to evict was dependent upon a proper termination of the tenancy. The Act gave extra protection to the tenant which he could avail of after his tenancy was determined. There was nothing in s.12 of the Act which overrode the provisions of the transfer of Property Act. The right to possession had to be distinguished from rd ‘the right to recover possession. The right to possession’ arose on the determination of the tenancy and the right to recover possession arose under the Act after the right to possession had arisen. The notice to quit was a valid notice. The original tenancy was. according to the Indian Calendar and there was nothing in s. 27 of the Act or in r.4 which converted it into a tenancy according to the British Calendar. Section 27 and r..4 merely provided for the recoverability of rent according to the British Calendar. In view of the provisions of s.12 there could be no relief against forfeiture in the present case, Section 12(3)(a) empowered the court to pass a decree for eviction in case of rent payable month by month if the arrears of rent had been for a period of six months and the tenant had neglected to make the payment within a month of the service of the notice of demand. The payment of arrears after institution of the suit did not affect his liability to eviction and the court’s power to pass the decree. The Court was bound to pass the decree when the requirments of the section were satisfied. Where the legislature intended to give relief against forfeiture it made a specific provision. |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 208 |
Petitioner | Bhaiya Punjalal Bhagwanddin |
Respondent | Dave Bhagwatprasad Prabhuprasad |
SCR | [1963] 3 S.C.R. 312 |
Judgement Date | 1962-05-04 |
Case Number | 209 |
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