RUBBER HOUSE versus EXCELLSIOR NEEDLE INDUSTRIES PVT. LTD.

RUBBER HOUSE versus EXCELLSIOR NEEDLE INDUSTRIES PVT. LTD.

Rules 4(c), 5(1), and 6 of Haryana Urban (Control of Rent and Eviction) Rules, 1976 are directory and not mandatory; non-mention of quantum of arrears of rent in eviction petition does not invalidate proceedings or attract penalty. Tenant’s failure to pay full arrears within statutory period justifies eviction.

Parties
Appellant/tenant: Rubber House; Respondent/landlord: Excellsior Needle Industries Pvt. Ltd.
Jurisdiction
India
Judgment Date
10 March 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Revision
Outcome
Appeal dismissed with costs.
Legal Topics
Eviction, Arrears of Rent, Statutory Construction, Mandatory and Directory Provisions
Landlord Tenant Eviction Arrears of Rent Statutory Construction Mandatory and Directory Provisions

Case Brief

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Parties

Rubber House

Appellant/tenant

Excellsior Needle Industries Pvt. Ltd.

Respondent/landlord

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Revision

Legal Issues

  1. 1 Whether non-mentioning quantum of arrears of rent in eviction petition invalidates proceedings under Haryana Urban (Control of Rent and Eviction) Act, 1973
  2. 2 Whether Rules 4(c), 5(1), and 6 of Haryana Urban (Control of Rent and Eviction) Rules, 1976 are mandatory or directory
  3. 3 Whether Rent Controller must determine quantum of arrears before eviction

Ratio Decidendi

Rules 4(c), 5(1), and 6 of Haryana Urban (Control of Rent and Eviction) Rules, 1976 are directory and not mandatory; non-mention of quantum of arrears of rent in eviction petition does not invalidate proceedings or attract penalty. Tenant’s failure to pay full arrears within statutory period justifies eviction.

Court Disposition

Appeal dismissed with costs.

Orders

  • Application for ejectment upheld.
  • Tenant’s objection to non-compliance of rules rejected.