Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Urban Buildings (Regulation of Letting, Rent and C Eviction) Act, 1972: s.21 - Application under - Also a suit for eviction by appellants-landlords, joint owners of property in question against predecessor-in-interest of the respondents (tenants) - The original defendant/tenant refused to acknowledge appellants as his landlords D though admitted tenancy under appellants' grandmother and then under their father - Trial court decreed the suit - High Court limiting itself to the aspect of proof of the Will, negated appellants' status as landlords, and dismissed their suit - On appeal, held: Appellants were joint owners by virtue of a compromise decree arrived at between appellants and other co-owners, having due regard to the Will in question, in a suit filed by such other co-owners -The decree, in absence of any challenge thereto became final - More so, the status. of appellants as joint owners of suit premises, was not questioned at any stage of the proceedings by anyone interested in the title thereto - Thus, the dismissal of suit by High Court on the F sole ground that appellants had no locus to maintain the same in absence of formal proof of the Will was grossly misdirected - impugned judgments of High Court set aside - Suit of appellants decreed in full - Rent Control and Eviction. s.20(4) - Proviso -Applicability of- s.20(4) relieves the tenant against his liability for eviction on the ground of default if condition therein is fulfilled - Proviso thereto, however, predicates that this benefit would not be available to a tenant who inter alia has built any residential building in the same city - Held: In the instant case, on the basis of evidence on record it is clear that the predecessor-in-interest of the respondents had constructed his own house elsewhere which dis-entitled him and consequently the respondents A to avail the benefit of protection uls.20(4). s.30 - Deposit of rent in Court in certain circumstances - When cannot be invoked as a defence against eviction - Notice by appellants/landlords, joint owners of property in question, to respondents/tenants requiring payment of rent to them as landlords - On non-payment by respondents, eviction suit by appellants - Respondents pleaded no default in payment of rent as the rent was deposited in Court as required u/s.30 after appellants' father allegedly refused to accept the same - Held: The original defendant in terms of the notice was fully aware of the compromise decree and thus, the status of appellants as joint owners/landlords - Therefore, his offer of rent to appellants father, who ceased to be the landlord, ·was not in compliance of s.30 to be availed as a defence against hjs/their eviction from suit premises - Thus, original defendant and consequently the respondents are defaulters and are liable to be evicted Rent Control and Eviction - Eviction suit by co-owners - Reiterated, a suit for eviction can be maintained by one of the co owners without joining the other co-owners if such other co-owners do not object. Evidence Act, 1872 - s.116 - Estoppel - Respondents-tenants though accepting tenancy under appellants' grandmother and then after her death under their father, denied to acknowledge appellants as landlords in suit for eviction - Held: A tenant during the continuance of tenancy is debarred on the doctrine of estoppel from denying the title of his landlord through whom he claims tenancy - Respondents estopped uls.116 to dispute the status of appellants as their landlord in a suit for eviction. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 245 |
Petitioner | Om Prakash & Anr. |
Respondent | Mishri Lal (dead) Represented By His Lr. Savitri Devi |
SCR | [2017] 4 S.C.R. 864 |
Judgement Date | 2017-03-21 |
Case Number | 4309 |
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