MAM CHAND PAL versus SMT. SHANTI AGARWAL

MAM CHAND PAL versus SMT. SHANTI AGARWAL

The tenant is absolved of liability for eviction under Section 20(4) as all dues including arrears of rent, lawyer's fee, and other amounts were deposited by the date of first hearing or earlier; the next adjourned date is taken as the date of first hearing since the Presiding Officer was unavailable on the original fixed date; substantial compliance with statutory requirements is sufficient.

Parties
Appellant/tenant: Mam Chand Pal; Respondent/landlady: Smt. Shanti Agarwal
Jurisdiction
India
Judgment Date
14 February 2002
Procedural Posture
Civil Appeal / Appeal Against Eviction Order From Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Eviction, Rent Control, Compliance With Statutory Requirements, Deposit of Rent
Landlord Tenant Law Eviction Rent Control Compliance With Statutory Requirements Deposit of Rent

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Parties

Mam Chand Pal

Appellant/tenant

Smt. Shanti Agarwal

Respondent/landlady

Procedural Posture

Civil Appeal / Appeal Against Eviction Order From Allahabad High Court

Legal Issues

  1. 1 Whether the tenant had deposited arrears of rent and other amounts payable in terms of Section 20(4) of the U.P. Urban Building (Regulation, Letting and Eviction) Act, 1972 on the date of first hearing so as to be absolved of liability of eviction
  2. 2 Meaning of 'date of first hearing' under Section 20(4)
  3. 3 Whether deposit of arrears under one head can be adjusted against another head

Ratio Decidendi

The tenant is absolved of liability for eviction under Section 20(4) as all dues including arrears of rent, lawyer's fee, and other amounts were deposited by the date of first hearing or earlier; the next adjourned date is taken as the date of first hearing since the Presiding Officer was unavailable on the original fixed date; substantial compliance with statutory requirements is sufficient.

Court Disposition

Appeal allowed

Orders

  • The eviction order passed by the High Court and courts below is set aside.
  • The tenant-appellant is protected against eviction under Section 20(4) of the Act.