BANARSI LAL versus SMT. SAGHIRAN BEGUM

BANARSI LAL versus SMT. SAGHIRAN BEGUM

Where the trial court has directed that parties bear their own costs, the tenant is not required to deposit such costs within the time prescribed by section 39 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for the purpose of obtaining benefit against eviction; only taxable costs payable to landlord as per law and orders in force at the date of deposit need be deposited.

Parties
Appellant / Tenant: Banarsi Lal; Respondent / Landlord: Smt. Saghiran Begum
Jurisdiction
India
Judgment Date
03 May 1988
Procedural Posture
Civil Appeal / Supreme Court (appeal From Allahabad High Court, Second Appeal From Ejectment Suit)
Outcome
Appeal allowed
Legal Topics
Eviction, Deposit of Costs, Interpretation of Statutes, Urban Buildings (regulation of Letting, Rent and Eviction) Act 1972
Landlord and Tenant Property Law Rent Control Eviction Deposit of Costs Interpretation of Statutes Urban Buildings (regulation of Letting, Rent and Eviction) Act 1972

Case Brief

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Parties

Banarsi Lal

Appellant / Tenant

Smt. Saghiran Begum

Respondent / Landlord

Procedural Posture

Civil Appeal / Supreme Court (appeal From Allahabad High Court, Second Appeal From Ejectment Suit)

Legal Issues

  1. 1 Whether a tenant can claim benefit of section 39 read with section 40 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 without depositing costs where the trial court directed both parties to bear their own costs.
  2. 2 Definition of 'landlord's full costs of the suit' for deposit under section 39.
  3. 3 Effect of non-deposit of costs when the trial court has not made them payable by tenant to landlord.

Ratio Decidendi

Where the trial court has directed that parties bear their own costs, the tenant is not required to deposit such costs within the time prescribed by section 39 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for the purpose of obtaining benefit against eviction; only taxable costs payable to landlord as per law and orders in force at the date of deposit need be deposited.

Court Disposition

Appeal allowed

Orders

  • Suit for eviction of Banarsi Lal from the shop is dismissed as regards eviction.
  • Landlord (Saghiran Begum) entitled to withdraw amounts (including costs of suit) deposited by tenant in courts below.