DAKAYA @ DAKAIAH versus ANJANI

DAKAYA @ DAKAIAH versus ANJANI

As the tenant tendered the full arrears before institution of the eviction suit, there was no subsisting cause of action for wilful default; lower courts erred in not appreciating this, and eviction order is to be set aside.

Parties
Appellant/tenant: Dakaya @ Dakaiah; Respondent/landlady: An. Jani
Jurisdiction
India
Judgment Date
12 October 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed. Eviction order set aside.
Legal Topics
Eviction, Default in Payment of Rent, Wilful Default, Tender of Arrears Before Suit, Equity in Rent Disputes
Landlord and Tenant Rent Control Eviction Default in Payment of Rent Wilful Default Tender of Arrears Before Suit Equity in Rent Disputes

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Parties

Dakaya @ Dakaiah

Appellant/tenant

An. Jani

Respondent/landlady

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether a tenant's tender of all arrears before institution of eviction proceedings removes the cause of action for eviction on ground of wilful default under Section 10 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960
  2. 2 Whether the lower courts erred in granting an eviction order despite full payment before institution of suit

Ratio Decidendi

As the tenant tendered the full arrears before institution of the eviction suit, there was no subsisting cause of action for wilful default; lower courts erred in not appreciating this, and eviction order is to be set aside.

Court Disposition

Appeal allowed. Eviction order set aside.

Orders

  • Tenant to pay respondent-landlady rent for the premises with effect from October 1, 1995 at Rs. 550 per month.
  • Tenant to pay any remaining amount towards rent at old rate of Rs. 375 per month till September 30, 1995 within six weeks from the judgment date; failure will result in dismissal of the appeal.