Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 Section 20(4). Letting and Eviction ) Act U.P. Urban Building (Regulation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction: U.P. Urban Building (Regulation, Letting and Eviction ) Act, 1972 Section 20(4).Payment or deposit of rent and other amount on the date of first hearing-Statutory requirement to protect tenant against eviction-Suit for arrears of rent, other charges and eviction on ground of default in payment of rent- Proceedings commenced-On date fixed Presiding Officer not available and case adjourned for next date- Meanwhile tenant deposited rent and other charges before the date fixed for hearing but Presiding officer was not available and deposited lawyer's fee on next adjourned date-Courts below held date fixed when Presiding Officer was not available as date of first hearing and passed eviction order on non-compliance of statutory requirement-On appeal, held next adjourned date is the date of first hearing-As tenant deposited arrears of rent and other charges by that date there is sufficient compliance of statutory requirement and tenant is absolved of the liability of eviction. Deposit of arrears of rent and other amount-Adjustment from one head to another-Tenant deposits arrears of rent and other amounts except amount on account of lawyers fee-Electricity charges also deposited though not required under the provision-Difference between amount of electricity charges and lawyers fee inconsequential-Held, in such a case deposit under one head could be adjusted for the other.Words and Phrases: Date of first hearing-Meaning of.Respondent-landlady filed suit for recovery of arrears of rent and other charges and eviction of appellant-tenant on the ground of default in payment of rent. Date was fixed for hearing. However, the appellant-tenant could not be served notice and order for service of notice by publication was passed and date was fixed for hearing. On the date fixed the Presiding Officer was not available and the case was adjourned for the next date for hearing. In the meantime, appellant-tenant gained knowledge of the proceedings and deposited arrears of rent and other charges before the date fixed when the Presiding Officer was not available including electricity charges even though it was not required. However, amount on account of the lawyers fee was deposited on the next adjourned date. Courts below accepted the date fixed for hearing when the Presiding Officer was not available as the date of first hearing and took the amount on account of lawyers fee to be deposited after the first date of hearing. It was also held that amount deposited on account of electricity charges could not be adjusted for lawyers fee. Consequently, denying benefit of Section 20(4) to the appellant-tenant, eviction orders were passed. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2002 INSC 82 |
Petitioner | Mam Chand Pal |
Respondent | Smt. Shanti Agarwal |
SCR | [2002] 1 S.C.R. 1032 |
Judgement Date | 2002-02-14 |
Case Number | 1187 |
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