Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
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 of Letting, Rent and Eviction) Act 1972-Section 20(4), 30-Default in payment of rent-Lease of premises to landlord by Municipal Board-Premises let out to tenants during lease period- Municipal Board claiming rent from tenants after expiry of lease-Deposit of rent in Court under Section 30(2) on ground of doubt about the recipient of rent-Suit by landlord for eviction for default in payment of rent-Deposit of arrears of rent in Court by tenant under Section 20(4) before hearing of the suit-Entitlement to adjustment of rent paid under Section 30(2) in view of language of Section 20(4)-Held, deposit of rent under Section 30(2) is deemed to be payment to landlord and therefore, entitled to benefit of adjustment of rent-Hence, no default in payment of rent. Interpretation of statutes: Harmonious construction-Held, all the related provisions in a statute should be read together for proper and harmonious construction.Municipal Board leased premises to respondents. The respondents let out the premises on rent to appellants during the lease period. In 1971, on expiry of the lease, Municipal Board issued notices demanding rent from the appellants. From 1971, the appellants deposited the rent in the Court under Section 30(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act 1972 i.e. on the ground of the doubt of the recipient of the rent. The respondents filed a suit for eviction of the appellants in trial Court on the ground of sub-letting and default in payment of rent from 1973 to 1975. The respondent did not claim the rent from the appellants for the period from 1971 to 1973 being time barred. The appellants deposited the arrears of rent in the trial Court under section 20(4) of the Act before the hearing of the suit. The trial Court dismissed the suit of the respondent. Revisional Court passed a decree for eviction of the appellants on both the grounds. The appellants filed a Writ Petition before High Court. The High Court partly allowed the Writ Petition on the question of sub-letting. However it dismissed the petition as regards default in payment of rent holding that the amount deposited under Section 30(2) cannot be adjusted by the appellant on a plain reading of Section 20(4) of the Act. The High Court further held that such benefit is available only for the deposit made under Section 30(1) of the Act i.e. on the ground of refusal by the landlord to accept the rent. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2002 INSC 49 |
Petitioner | Kailash Chandra And Anr |
Respondent | Mukundi Lal And Ors. |
SCR | [2002] 1 S.C.R. 605 |
Judgement Date | 2002-01-25 |
Case Number | 2354 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |