Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960: Rent and Eviction. Tam# Nadu Buildings (Lease and Rent Control) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Rent and Eviction. Tamil Nadu Buildings (Lease and Rent Control) Act, 1960: S.10(2)(i); Explanation-Tenant in arrears of rent-Notice claiming arrears served by landlord-Tenant replying that rent deposited in court in another proceeding-Landlord filing suit for eviction before expiry of two months' period and later withdrawing the rent deposited by tenant-High Court decreeing the suit-Held, once landlord gave notice to tenant claiming rent in arrears, he should have waited for a period of two months from date of service of notice and it is only on non-payment or non-tender of rent within the period of two months that landlord could have initiated eviction proceedings and then it would have been for the tenant to satisfy the Rent Controller that inspite of non-payment of rent he was not a defaulter for reasons-Besides, in the instant case, before initiation of proceedings, tenant had brought to notice of landlord the fact that rent had been deposited in court-Landlord had also withdrawn the rent so deposited before expiry of said two months. Therefore, tenant cannot be held to be a defaulter-Judgment of High Court set aside-Eviction proceedings dismissed. |
Judge | N/A |
Neutral Citation | 2002 INSC 167 |
Petitioner | Raja Muthukone (d) By Lrs. |
Respondent | T. Gopalasami And Anr. |
SCR | [2002] 2 S.C.R. 708 |
Judgement Date | 2002-03-21 |
Case Number | 6929 |
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