BABU RAM GOPAL AND OTHERS versus MATHRA DASS

BABU RAM GOPAL AND OTHERS versus MATHRA DASS

A tenant's non-occupation must persist until the date of filing the eviction application under Section 13(2)(v); temporary closure not amounting to cessation until that date does not make tenant liable for eviction.

Parties
Appellant Tenant: Babu Ram Gopal and Others; Respondent Landlord: Mathra Dass
Jurisdiction
India
Judgment Date
28 February 1990
Procedural Posture
Civil Appeal / Final Supreme Court Appeal by Special Leave
Outcome
Appeal allowed. Decision of lower courts set aside.
Legal Topics
Eviction of Tenant, Non Occupation of Premises, Interpretation of Statutes
Rent Control Property Law Eviction of Tenant Non Occupation of Premises Interpretation of Statutes

Case Brief

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Parties

Babu Ram Gopal and Others

Appellant Tenant

Mathra Dass

Respondent Landlord

Procedural Posture

Civil Appeal / Final Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether temporary suspension of physical use constitutes cessation of occupation under Section 13(2)(v) of East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether non-occupation must continue till the date of filing of eviction application

Ratio Decidendi

A tenant's non-occupation must persist until the date of filing the eviction application under Section 13(2)(v); temporary closure not amounting to cessation until that date does not make tenant liable for eviction.

Court Disposition

Appeal allowed. Decision of lower courts set aside.

Orders

  • Parties shall bear their own costs throughout.
  • Tenant not liable for eviction on ground under Section 13(2)(v) as non-occupation did not persist till filing date.