Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:Whether the High Court was justified in directing the trial court todispose of the application filed by the tenant u/s. 5 of the LimitationAct, 1963, when the trial court had already rejected the applicationfiled by the tenant u/s.7(1) and (2) of the West Bengal PremisesTenancy Act, 1997 for protection against eviction, on the groundof delay of 10 months.Limitation Act, 1963 – s. 5 – Applicability of, to proceedings andappeals under the West Bengal Premises Tenancy Act, 1997 –Tenant, if entitled to take recourse to s. 5, when his applicationu/ss. 7(1) and 7(2) of the 1997 Act, seeking protection againsteviction was rejected due to a delay of ten months:Held: Though generally the Limitation Act is applicable to theprovisions of the said Act in view of s.40 of the 1997 Act, if thereis a lesser time period specified as limitation in the said Act, thenthe provisions of the Limitation Act cannot be used to expand thesame – Real intention of the legislation must be gathered fromthe language used – Tenancy Acts provide for certain protectionsto the tenants beyond the contractual rights, thus, the provisionsmust be strictly adhered to – In proceedings initiated on account ofnon-payment of rent, the tenant is required to deposit all arrears ofrent where there is no dispute on the admitted amount of rent andeven in case of a dispute – Needful has to be done within the timestipulated and should be accompanied by the application filed u/s.7(1) & (2) – Proviso only gives liberty to extend the time once byperiod not exceeding two months – Tenant neither paid the rent,nor deposited the rent by moving the application nor depositedit within the extended time as stipulated in the proviso – Mereallegation of absence of correct legal advice cannot come to theaid of the tenant – Statement of arrears of rent would show thatfor 142 months till filing of the petition u/s. 7, rent was not paidand even thereafter arrears has not been paid – Impugned orderof the High Court directing the trial court to dispose of applicationu/s. 5, not sustainable and is set aside – West Bengal PremisesTenancy Act, 1997 – ss. 40, 7(1), (2). [Para 16-21]Advocates – Allegation of absence of correct legal advice –Effect:Held: Mere allegation of absence of correct legal advice cannotcome to the aid of the tenant as if such a plea was to be acceptedit would give a complete license to a tenant to occupy premiseswithout payment of rent and then claim that he was not correctlyadvised – If the tenant engages an advocate and abides by hisadvice, then the legal consequences of not doing what is requiredto be done, must flow. [Para 19] |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2023 INSC 925 |
Petitioner | Debasish Paul & Anr. |
Respondent | Amal Boral |
SCR | [2023] 14 S.C.R. 511 |
Judgement Date | 2023-10-18 |
Case Number | 6565 |
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