N.S.M. AHMED JAMALIA BEEVI versus D.N. SHAH

N.S.M. AHMED JAMALIA BEEVI versus D.N. SHAH

The respondent's persistent default in paying rent, without sufficient cause and in violation of statutory provisions, entitles the landlady to eviction. Financial hardship and equitable considerations do not override express statutory requirements for payment/deposit of rent.

Parties
Appellant Landlady: N.S.M. Ahmed Jamalia Beevi; Respondent Tenant: D.N. Shah
Jurisdiction
India
Judgment Date
30 July 1997
Procedural Posture
Civil Appeal / Appeal From Madras High Court Order Dated 9.7.96 in C.r.p. No. 3700 of 1994
Outcome
Appeal allowed; impugned order of the High Court set aside; orders of the Rent Controller and Appellate Authority restored; no costs.
Legal Topics
Eviction, Non Payment of Rent, Deposit of Arrears, Default, Landlord and Tenant Relations
Tenancy Rent Control Eviction Non Payment of Rent Deposit of Arrears Default Landlord and Tenant Relations

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Parties

N.S.M. Ahmed Jamalia Beevi

Appellant Landlady

D.N. Shah

Respondent Tenant

Procedural Posture

Civil Appeal / Appeal From Madras High Court Order Dated 9.7.96 in C.r.p. No. 3700 of 1994

Legal Issues

  1. 1 Whether persistent default in payment of rent amounts to sufficient cause to deny eviction under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
  2. 2 Whether equitable considerations such as financial hardship can defeat express statutory provisions mandating eviction for non-payment of rent

Ratio Decidendi

The respondent's persistent default in paying rent, without sufficient cause and in violation of statutory provisions, entitles the landlady to eviction. Financial hardship and equitable considerations do not override express statutory requirements for payment/deposit of rent.

Court Disposition

Appeal allowed; impugned order of the High Court set aside; orders of the Rent Controller and Appellate Authority restored; no costs.

Orders

  • Restore orders of Rent Controller and Appellate Authority; eviction directed as per statute.