HARCHARAN SINGH versus SHIV RANI AND ORS.

HARCHARAN SINGH versus SHIV RANI AND ORS.

Where rent is payable yearly, not monthly, section 20(2)(a) of the Rent Act is not attracted and landlord cannot seek eviction on the ground of arrears for four months; mere refusal to accept registered notice does not necessarily impute knowledge of contents to tenant and cannot constitute wilful default for eviction.

Parties
Appellant/tenant: Harcharan Singh; Respondents/landlords: Shivrani and Ors.
Jurisdiction
India
Judgment Date
20 February 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 16 2 1979 of the Allahabad High Court in Second Appeal No. 430/70
Outcome
Appeal dismissed
Legal Topics
Eviction, Service of Notice, Wilful Default, Arrears of Rent
Property Law Rent Control Eviction Service of Notice Wilful Default Arrears of Rent

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Parties

Harcharan Singh

Appellant/tenant

Shivrani and Ors.

Respondents/landlords

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 16 2 1979 of the Allahabad High Court in Second Appeal No. 430/70

Legal Issues

  1. 1 Whether refusal to accept registered notice can impute knowledge and result in wilful default in payment of rent under U.P. Cantonment (Control of Rent and Eviction) Act, 1952
  2. 2 Whether suit for eviction can be maintained where rent is payable yearly, not monthly

Ratio Decidendi

Where rent is payable yearly, not monthly, section 20(2)(a) of the Rent Act is not attracted and landlord cannot seek eviction on the ground of arrears for four months; mere refusal to accept registered notice does not necessarily impute knowledge of contents to tenant and cannot constitute wilful default for eviction.

Court Disposition

Appeal dismissed

Orders

  • Suit for eviction stands
  • Three months granted to appellant to vacate the shop