Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jammu and Kashmir Houses and Shops Rent Control Act 1966 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Jammu and Kashmir Houses and Shops Rent Control Act, 1966:ss. 11 (1)(i) and 12(3), proviso - Eviction of tenant for default in payment of rent - Three defaults committed by tenant within a period of eighteen months - HELD: Tenant not entitled to protection u/s 12 - Part payment of rent makes the tenant a defaulter, for he has to make full payment - On facts, tenant is.firstly supposed to clear first default i.e. from 1984 to 1985, then second default of February and March, 1985 and then third default of April and May, 1985 - One has proceed chronologically in matter - The total sum of Rs. 6,000/- deposited by tenant has to be first treated as part payment against rent from January, 1984 to January, 1985 as the same is short of total rent due for this period by Rs. 500/- Therefore, it will be treated to be a default - Consequently, this default, coupled with the defaults of February and March, 1985 and April, 1985 and May, 1985 will constitute three defaults - As such the view taken by both the courts below cannot be countenanced - Consequently, judgment and order of High Court as also order of First appellate court are set aside and the decree granted by the trial court for eviction is maintained-Tenant would hand over vacant possession of premises to landlord as directed in the order. |
Judge | N/A |
Neutral Citation | 2007 INSC 1193 |
Petitioner | Janak Raj |
Respondent | Pardeep Kumar |
SCR | [2007] 12 S.C.R. 596 |
Judgement Date | 2007-11-27 |
Case Number | 7080 |
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