PRADESH KUMAR BAJPAI versus BINOD BEHARI SARKAR

PRADESH KUMAR BAJPAI versus BINOD BEHARI SARKAR

The tenant, after fulfillment of the requirements of the U.P. (Temporary) Control of Rent and Eviction Act, cannot claim the double protection of invoking the provisions of the Transfer of Property Act or the terms of the lease. Section 114 of the Transfer of Property Act is not applicable in such cases. The eviction and suit for possession by the plaintiff are valid under the Rent Act, and the tenant is not entitled to further relief under general property law.

Parties
Appellant/plaintiff: Pradesh Kumar Bajpai; Respondent/defendant: Binod Behari Sarkar
Jurisdiction
India
Judgment Date
21 March 1980
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order in Second Appeal
Outcome
Appeal allowed. Order of the High Court set aside; order of the lower appellate court restored; suit for possession and ejectment of the defendant decreed. Appellant entitled to costs.
Legal Topics
Eviction, Rent Control, Forfeiture of Lease, Double Protection, Relief Against Forfeiture
Property Law Landlord Tenant Law Eviction Rent Control Forfeiture of Lease Double Protection Relief Against Forfeiture

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Parties

Pradesh Kumar Bajpai

Appellant/plaintiff

Binod Behari Sarkar

Respondent/defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order in Second Appeal

Legal Issues

  1. 1 Whether the tenant can claim double protection under the Transfer of Property Act and the U.P. (Temporary) Control of Rent and Eviction Act after requirements of the Rent Act are satisfied
  2. 2 Whether relief against forfeiture under section 114 of the Transfer of Property Act is available in proceedings governed by the Rent Act
  3. 3 Whether the terms of the lease deed requiring six months' notice apply after the Rent Act

Ratio Decidendi

The tenant, after fulfillment of the requirements of the U.P. (Temporary) Control of Rent and Eviction Act, cannot claim the double protection of invoking the provisions of the Transfer of Property Act or the terms of the lease. Section 114 of the Transfer of Property Act is not applicable in such cases. The eviction and suit for possession by the plaintiff are valid under the Rent Act, and the tenant is not entitled to further relief under general property law.

Court Disposition

Appeal allowed. Order of the High Court set aside; order of the lower appellate court restored; suit for possession and ejectment of the defendant decreed. Appellant entitled to costs.

Orders

  • Suit for possession and ejectment decreed in favour of plaintiff.
  • Appellant entitled to costs in this appeal.