MANGAL SEN versus KANCHHID MAL

MANGAL SEN versus KANCHHID MAL

In the absence of any specific plea or evidence of waiver, and in light of failure to make an unconditional tender of the correct amount at the first hearing as per Section 20(4), the tenant is not entitled to relief against eviction.

Parties
Appellant/tenant: Mangal Sen; Respondent/landlord: Kanchhid Mal
Jurisdiction
India
Judgment Date
20 August 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave Against the Judgment of the First Additional District Judge, Bulandshahr
Outcome
Appeal dismissed
Legal Topics
Eviction, Arrears of Rent, Waiver of Notice, Unconditional Tender Under Section 20(4)
Landlord Tenant Law Rent Control Eviction Arrears of Rent Waiver of Notice Unconditional Tender Under Section 20(4)

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Parties

Mangal Sen

Appellant/tenant

Kanchhid Mal

Respondent/landlord

Procedural Posture

Civil Appeal / Appeal by Special Leave Against the Judgment of the First Additional District Judge, Bulandshahr

Legal Issues

  1. 1 Whether the landlord had waived the demand for surrender of possession by inducing the tenant to stand surety for payment of sales tax arrears.
  2. 2 Whether the tenant was entitled to relief against eviction under Section 20(4) of the U.P. Urban Buildings (Reg. of Letting, Rent and Eviction) Act, 1972.

Ratio Decidendi

In the absence of any specific plea or evidence of waiver, and in light of failure to make an unconditional tender of the correct amount at the first hearing as per Section 20(4), the tenant is not entitled to relief against eviction.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their respective costs.