MEERA DEVI (D) THR. LR. versus DINESH CHANDRA JOSHI (D) THR. LRS.

MEERA DEVI (D) THR. LR. versus DINESH CHANDRA JOSHI (D) THR. LRS.

The respondent-tenant failed to comply with this Court's order dated 02.05.2014 directing payment of rent at the rate of Rs.4,000 per month from March 2017 onwards; the default was uncontroverted and therefore eviction was warranted, leading to allowance of the appeal and setting aside of the High Court judgment.

Parties
Appellant Landlady: Meera Devi (D) Thr. Lr.; Respondent Tenant: Dinesh Chandra Joshi (D) Thr. Lrs.
Jurisdiction
India
Judgment Date
19 September 2024
Procedural Posture
Civil Appeal / Final Disposal Before the Supreme Court
Outcome
Appeal allowed; High Court judgment set aside; respondent-tenant directed to be evicted forthwith.
Legal Topics
Eviction, Non Payment of Rent, Default in Payment of Rent, Interim Rent During Pendency
Landlord and Tenant Law Property Law Eviction Non Payment of Rent Default in Payment of Rent Interim Rent During Pendency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Meera Devi (D) Thr. Lr.

Appellant Landlady

Dinesh Chandra Joshi (D) Thr. Lrs.

Respondent Tenant

Procedural Posture

Civil Appeal / Final Disposal Before the Supreme Court

Legal Issues

  1. 1 Whether non-payment of rent in compliance with this Court's interim order warrants eviction
  2. 2 Whether a tenant must pay future/interim rent during the pendency of litigation and offer arrears to avoid eviction

Ratio Decidendi

The respondent-tenant failed to comply with this Court's order dated 02.05.2014 directing payment of rent at the rate of Rs.4,000 per month from March 2017 onwards; the default was uncontroverted and therefore eviction was warranted, leading to allowance of the appeal and setting aside of the High Court judgment.

Court Disposition

Appeal allowed; High Court judgment set aside; respondent-tenant directed to be evicted forthwith.

Orders

  • Appeal allowed.
  • Judgment of the High Court set aside.