Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 18 and 2/(l)(a Karnataka Rent Control Act 1961: Ss.2(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Rent Control Act, 1961: Ss.2(2), 18 and 21(1)(a)-Tenant in arrears of rent-Suit by landlord for eviction of tenant filed within five years of construction of premises-s. 18 prohibiting receiving of advance rent exceeding 2 month's rent-Tenant contending that advance rent was available with landlord for adjustment-Held, in view of proviso to s.2(2). up to the date of filing of suit s.18 was not applicable to the premises and landlord was not prevented by law from securing advance payment of rent by consent of the parties-Inspite of the landlord having advance rent available with him tenant is bound to pay or tender amount of rent falling due month by month on the date on which it is payable as per law of contract-No fault can be found with findings of High Court that tenant was in arrears and ground for eviction u/s. 21(1)(a) was made out-The question of additional protection to tenant conferred by 1999 Act or moulding relief by reference thereto does not arise as the 1999 Act has not been given retrospective effect and rights of parties to litigation stand crystallised on the date of commencement of the lis-s. 70 of the 1999 Act does not provide for the new Act to be applicable to appeal or Proceedings pending before Supreme Court-Karnataka Rent Act, 1999-S.70. |
Judge | Hon'ble Mr. Justice B.N. Agrawal Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 211 |
Petitioner | Raminder Singh Sethi |
Respondent | D. Vijayarangam |
SCR | [2002] 3 S.C.R. 213 |
Judgement Date | 2002-04-17 |
Case Number | 582 |
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