SUBHASH MEHTA versus DR. S.P. CHOUDHARY (DEAD) BY LRS.

SUBHASH MEHTA versus DR. S.P. CHOUDHARY (DEAD) BY LRS.

The eviction was sustained solely on the ground of delayed deposit of future rent under Section 15(1), with the Court refusing to relax the rigour given the long passage of time and the interests of successor landlords; discretion under s. 15(7) was not exercised in the tenant's favour.

Parties
Appellant/tenant: Subhash Mehta; Respondent/landlord: Dr. S.P. Choudhary (Dead) by LRs.
Jurisdiction
India
Judgment Date
20 February 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court in S.a.o. No. 241 of 1979
Outcome
appeal dismissed
Legal Topics
Eviction, Rent Arrears, Delayed Payment of Rent, Discretion Under Rent Control Act
Tenancy Law Eviction Rent Arrears Delayed Payment of Rent Discretion Under Rent Control Act

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Parties

Subhash Mehta

Appellant/tenant

Dr. S.P. Choudhary (Dead) by LRs.

Respondent/landlord

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court in S.a.o. No. 241 of 1979

Legal Issues

  1. 1 Whether delay in deposit of future rent under s. 15(1) of Delhi Rent Control Act mandates striking off tenant's defence
  2. 2 Whether Rent Controller has discretion under s. 15(7) to condone late deposit

Ratio Decidendi

The eviction was sustained solely on the ground of delayed deposit of future rent under Section 15(1), with the Court refusing to relax the rigour given the long passage of time and the interests of successor landlords; discretion under s. 15(7) was not exercised in the tenant's favour.

Court Disposition

appeal dismissed

Orders

  • Appellant granted time till March 31, 1991 for vacating premises subject to undertaking before Supreme Court and payment of rent up to March 31, 1990 and future monthly rent by tenth of each month.
  • Undertaking to be filed by March 10, 1990 in Registry.