MIS. SHRIKRISHNA OIL MILL versus MIS. RADHAKRISHNAN RAMCHANDRA

MIS. SHRIKRISHNA OIL MILL versus MIS. RADHAKRISHNAN RAMCHANDRA

At the time of filing the eviction petition, the landlord had no cause of action as arrears of rent were paid and accepted prior to filing. The eviction petition thus became infructuous and liable to rejection. For subsequent default, eviction cannot be ordered absent statutory provision in the Act.

Parties
Appellant Tenant: Shri Krishna Oil Mill; Respondent Landlord: Radhakrishnan Ramchandra
Jurisdiction
India
Judgment Date
09 January 2002
Procedural Posture
Civil Appeal No. 6359 of 1999 / Appeal From Bombay High Court Judgment Dated 5.2.99 in C.r. Application No. 556 of 1989
Outcome
Appeal allowed; eviction application dismissed; respondent directed to hand over possession to appellant within three months.
Legal Topics
Default in Payment of Rent, Eviction Based on Arrears, Yearly Tenancy, Hyderabad Houses (rent, Eviction and Lease) Control Act, 1954
Rent and Eviction Law Default in Payment of Rent Eviction Based on Arrears Yearly Tenancy Hyderabad Houses (rent, Eviction and Lease) Control Act, 1954

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Parties

Shri Krishna Oil Mill

Appellant Tenant

Radhakrishnan Ramchandra

Respondent Landlord

Procedural Posture

Civil Appeal No. 6359 of 1999 / Appeal From Bombay High Court Judgment Dated 5.2.99 in C.r. Application No. 556 of 1989

Legal Issues

  1. 1 Whether the appellant was a willful defaulter in payment of rent at the time of filing the eviction application.
  2. 2 Whether arrears already paid before filing of eviction petition extinguish landlord’s cause of action.

Ratio Decidendi

At the time of filing the eviction petition, the landlord had no cause of action as arrears of rent were paid and accepted prior to filing. The eviction petition thus became infructuous and liable to rejection. For subsequent default, eviction cannot be ordered absent statutory provision in the Act.

Court Disposition

Appeal allowed; eviction application dismissed; respondent directed to hand over possession to appellant within three months.

Orders

  • Impugned judgments of High Court, Appellate Court, and Rent Controller set aside.
  • Eviction application dismissed.