NDLI: J.j. Lal Pvt. Ltd. and Ors. Vs. M.r. Murali and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tamil Nadu Buildings (Lease and Rent Control) Act 1960 Section /0(2)(vii)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rent Control and Eviction: Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 Section 10(2)(vii). Eviction-Grounds-Default in payment of rent-Non-payment of rent by the tenant is not enough-It must be shown that default in payment of rent is wilful, intentional, calculated and conscious with full knowledge of legal consequences flowing therefrom-Landlord not properly serving notice of demand of rent or uncertainty as to the title of the property due to rival claim-In such cases non-payment of rent for certain period does not amount lo wilful default-Ground of eviction not available to the landlord. Denial of title-Plea of denial of title of landlord 'not bonafide'-Operates as ground for eviction. Denial of title-Adjudication of-Rent Controller could decide for the limited purpose of finding out as to whether a ground of eviction is made out-But question of title should be left open to be determined by Civil Court as also the Eviction Petition so as to avoid multiplicity of litigation-Legislative intention.Evidence Act, 1872-Section 116-Rule of Estoppel-Tenant is estopped from denying the title of the landlord during the continuance of tenancy.Landlord-respondents initiated eviction proceedings against the appellant-tenants from the suit premises, before the Rent Controller on the ground of default in making payment of rent by the tenants for certain period. In their written statement tenants submitted that there was a dispute as to the rate of rent and quantum of arrears of rent that they were prepared to pay the rent at the existing rate. Appellant-tenants filed an additional counter affidavit wherein it was submitted that Municipal Corporation of Madras had earlier granted a long term lease in respect of suit premises in favour of one 'X' who expired and subsequently in favour of landlords; that since the term of the lease had expired, Corporation initiated steps to create a lease directly in favour of the actual occupants, and so the suit for recovery of possession from tenants was not maintainable. Rent Controller dismissed the suits holding that tenants were not defaulters. Landlords preferred appeals. Appellate Authority framed two issues for decision, viz., (i) wilful default, if any, committed by the tenants and (ii) if tenants were liable to be evicted for their denial of landlord's right over the property being not bonafide and concluded that there was no wilful default on the part of the tenants in payment of rent and that denial of title of the landlords was bonafide. On these findings the appeals were dismissed. Landlords preferred revision petition, and High Court reversed the decision of the Rent Controller. Aggrieved, tenants filed the present appeals.
Judge	Honble Mr. Justice R.C. Lahoti
Neutral Citation	2002 INSC 73
Petitioner	J.j. Lal Pvt. Ltd. And Ors.
Respondent	M.r. Murali And Anr.
SCR	[2002] 1 S.C.R. 919
Judgement Date	2002-02-08
Case Number	3429

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