KAILASH CHANDRA AND ANR versus MUKUNDI LAL AND ORS.

KAILASH CHANDRA AND ANR versus MUKUNDI LAL AND ORS.

Deposit of rent under Section 30(2) is deemed payment to landlord under Section 30(6) and must be adjusted for determining arrears under Section 20(4); omission of Section 30(2) in Section 20(4) does not nullify its statutory effect.

Parties
Appellants (tenants): Kailash Chandra and another; Respondents (landlords): Mukundi Lal and others
Jurisdiction
India
Judgment Date
25 January 2002
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment in C.m.w.p. No. 6505 of 1980
Outcome
Appeal allowed
Legal Topics
Default in Payment of Rent, Eviction, Deposit of Rent in Court, Adjustment of Rent Paid, Harmonious Construction of Statutory Provisions
Rent Control Interpretation of Statutes Default in Payment of Rent Eviction Deposit of Rent in Court Adjustment of Rent Paid Harmonious Construction of Statutory Provisions

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Parties

Kailash Chandra and another

Appellants (tenants)

Mukundi Lal and others

Respondents (landlords)

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment in C.m.w.p. No. 6505 of 1980

Legal Issues

  1. 1 Whether tenant is entitled to adjustment of rent deposited under Section 30(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 in proceedings under Section 20(4)
  2. 2 Whether the omission of Section 30(2) in Section 20(4) prevents adjustment of such deposit
  3. 3 Whether related statutory provisions must be read together for harmonious construction

Ratio Decidendi

Deposit of rent under Section 30(2) is deemed payment to landlord under Section 30(6) and must be adjusted for determining arrears under Section 20(4); omission of Section 30(2) in Section 20(4) does not nullify its statutory effect.

Court Disposition

Appeal allowed

Orders

  • Judgments and orders of Allahabad High Court and Revisional Court set aside
  • Order of Trial Court restored