SHYAMCHARAN SHARMA versus DHARAMDAS

SHYAMCHARAN SHARMA versus DHARAMDAS

The Court has jurisdiction to extend time for deposit or payment of monthly rent falling due after the filing of the suit, and payment or deposit within such extended time entitles the tenant to protection against eviction under section 12(3) of the Act.

Parties
Appellant Tenant: Shyamcharan Sharma; Respondent Landlord: Dharamdas
Jurisdiction
India
Judgment Date
04 December 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From the High Court
Outcome
Appeal allowed
Legal Topics
Eviction, Extension of Time for Rent Payment, Protection Against Eviction for Arrears, Discretion to Strike Out Defence
Landlord and Tenant Rent Control Eviction Extension of Time for Rent Payment Protection Against Eviction for Arrears Discretion to Strike Out Defence

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Parties

Shyamcharan Sharma

Appellant Tenant

Dharamdas

Respondent Landlord

Procedural Posture

Civil Appeal / Appeal by Special Leave From the High Court

Legal Issues

  1. 1 Whether the Court has the power to condone the delay in depositing monthly rent falling due after the filing of the suit for eviction under the Madhya Pradesh Accommodation Control Act, 1961
  2. 2 Whether tenant could claim protection from eviction upon delayed payment if court grants further time

Ratio Decidendi

The Court has jurisdiction to extend time for deposit or payment of monthly rent falling due after the filing of the suit, and payment or deposit within such extended time entitles the tenant to protection against eviction under section 12(3) of the Act.

Court Disposition

Appeal allowed

Orders

  • Suit for eviction dismissed
  • Appellant awarded costs