Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | East Punjab Urban Rent Restriction Act 1949 : |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | East Punjab Urban Rent Restriction Act, 1949 : s.13 - Interpretation of - Held: The interpretation of provisions of s.13 must bring about a just balance between the rights of the tenant and those of the landlord - Where the tenant has admitted that the rent is due and payable at least for a certain period, the Court should adopt an interpretation which does not permit the tenant to defeat the just claim of landlord - In the instant case, the High Court in revision while determining whether the provisional determination of the Rent Controller was correct or otherwise ignored that the tenants did not deposit the rent even for the duration which was admittedly due and payable - Further. while the rent payable was Rs.25,000/- for the first year and thereafter Rs.28.000/-, the Rent Controller had directed the tenants to deposit only Rs.19,000/-, however ; nothing was deposited by the tenants within the period fixed by the Rent Controller - Every excuse was made by the tenants for not paying the rent which was due and payable - High Court wrongly allowed the revision by tenants - Order of eviction passed by the Rent Controller as confirmed by the appellate authority, restored - Respondents to pay costs of Rs. 50,000/- to the appellant - Rent Control and Eviction. s. l 3(2)(i): Proviso - Deeming fiction - Benefit of - When available - Held: When on an assessment being made by Rent Controller the tenant on the first hearing of eviction application pays or tenders inter alia the arrears of rent, as assessed by the Controller. the tenant is deemed to have duly paid or tendered the rent within the statutory period prescribed in the substantive part of clause (i) of sub-section (2). |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 331 |
Petitioner | Dalip Kaur Brar |
Respondent | M/s.guru Granth Sahib Sewa Mission (regd.) And Anr. |
SCR | [2017] 5 S.C.R. 444 |
Judgement Date | 2017-04-11 |
Case Number | 5129 |
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