Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 Assam Urban Areas Rent Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Assam Urban Areas Rent Control Act, 1972: s.5(l)(e) - Eviction for non-payment of rent - Appellant was tenant in respect of Assam Type House and paying monthly rent of Rs. 700 -Agreement entered into between the tenant and plaintiff-landlord that tenant shall pay Rs.l Lakh to plaintiff-landlord who proposed to construct a RCC building in place of Assam Type House - Monthly rent fixed was Rs.2400 - It was agreed that the advance of Rs.1 lakh would be adjusted from hourly rent @ 50% and tenant shall pay to landlord in cash, balance rent of 50% till adjustment of advance in full - Tenant was put in possession in April 1990 - However tenant continued to pay rent @ Rs. 700 p.m. and from April 1994 started depositing Rs. 700 in court - Suit for eviction claiming arrears from August 1996 till August 1999 @ Rs.2400 p.m. - Prior to August 1996, claim not made a~ it was time barred - Trial court held that tenant was defaulter - Appellate court upheld the said finding - Appellate court also took into consideration the total amount of Rs. 1.82 lakhs that was paid by tenant and after adjusting the same in the rent to which plaintiff was entitled, it held that still the tenant was defaulter to the tune of Rs. 7614/- Revision - High Court upheld the finding of the Appellate court - On appeal. held: In view of terms of the Agreement and as per findings recorded by the Appellate Court as well as High Court, the monthly rent from April, 1990 was Rs.2400/- - Taking into consideration Cl. 7 of the Agreement, which provided for adjustment of 50% of the rent towards advance and payment of rent @ Rs.1200/-, the tenant was liable to pay rent @ Rs.1200/- - The other part of Rs.1200/- was to be adjusted towards the advance made - Thus, lawful payment which plaintiff-landlord was entitled to receive was Rs.1200/ - Admittedly, the tenant paid only Rs. 700/-, even after taking possession 4 shop in April, 1990 and deposited the same amount in the court from April, 1994 - The deposit made by the tenant in the court was not the deposit of the |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 1271 |
Petitioner | Manik Chand Jain |
Respondent | Md. Ahiya |
SCR | [2017] 3 S.C.R. 564 |
Judgement Date | 2017-03-06 |
Case Number | 3421 |
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