MAIKU versus VILAYAT HUSSAIN THROUGH L.RS.

MAIKU versus VILAYAT HUSSAIN THROUGH L.RS.

Tenants who deposit arrears of rent in court under s. 7C are not automatically absolved from liability for eviction; they must establish before the trial court that the landlord refused to accept the rent lawfully tendered. In this case, the tenant failed to establish refusal, making the deposit invalid, and is liable for eviction.

Parties
Appellant Tenant: Maiku; Respondent Landlord: Vilayat Hussain through L.Rs.
Jurisdiction
India
Judgment Date
10 April 1986
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 10th February, 1976 of Allahabad High Court in Second Appeal No. 2337 of 1966
Outcome
Appeal dismissed
Legal Topics
Eviction, Deposit of Rent, Arrears of Rent
Landlord Tenant Law Property Law Eviction Deposit of Rent Arrears of Rent

Case Brief

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Parties

Maiku

Appellant Tenant

Vilayat Hussain through L.Rs.

Respondent Landlord

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 10th February, 1976 of Allahabad High Court in Second Appeal No. 2337 of 1966

Legal Issues

  1. 1 Whether deposit of arrears of rent under s. 7C of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 absolves the tenant from penalty of eviction for non-payment of rent

Ratio Decidendi

Tenants who deposit arrears of rent in court under s. 7C are not automatically absolved from liability for eviction; they must establish before the trial court that the landlord refused to accept the rent lawfully tendered. In this case, the tenant failed to establish refusal, making the deposit invalid, and is liable for eviction.

Court Disposition

Appeal dismissed

Orders

  • Stay order vacated
  • Civil miscellaneous petition disposed of