MANIK CHAND JAIN versus MD. AHIYA

MANIK CHAND JAIN versus MD. AHIYA

Appellate and High Court findings upheld: agreement fixed lawful rent at Rs.2400 per month (Rs.1200 cash, Rs.1200 adjusted against advance). Tenant paid only Rs.700, which was not lawful rent, and deposit in court did not satisfy statutory requirements. After adjustment of advance, tenant remained defaulter for Rs.7614; courts properly directed eviction and arrears recovery.

Parties
Appellant Tenant: Manik Chand Jain; Respondent Landlord: Md. Ahjya
Jurisdiction
India
Judgment Date
06 March 2017
Procedural Posture
Civil Appeal / Final Judgment / Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Eviction for Non Payment of Rent, Adjustment of Advance Rent, Lawful Rent Deposit
Rent Control Landlord Tenant Eviction for Non Payment of Rent Adjustment of Advance Rent Lawful Rent Deposit

Case Brief

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Parties

Manik Chand Jain

Appellant Tenant

Md. Ahjya

Respondent Landlord

Procedural Posture

Civil Appeal / Final Judgment / Appeal Dismissed

Legal Issues

  1. 1 Whether the tenant was a defaulter under Assam Urban Areas Rent Control Act, 1972 for not paying the rent lawfully due.
  2. 2 Whether the advance amount paid by tenant was properly adjusted against the rent.
  3. 3 Whether deposit of Rs.700 per month in Court constituted lawful rent under Section 5(4) of the Act.

Ratio Decidendi

Appellate and High Court findings upheld: agreement fixed lawful rent at Rs.2400 per month (Rs.1200 cash, Rs.1200 adjusted against advance). Tenant paid only Rs.700, which was not lawful rent, and deposit in court did not satisfy statutory requirements. After adjustment of advance, tenant remained defaulter for Rs.7614; courts properly directed eviction and arrears recovery.

Court Disposition

Appeal dismissed

Orders

  • Decree for ejectment of defendant-tenant
  • Recovery of arrears of rent Rs.7614.05