BHOJA @ BHOJA RAM GUPTA versus RAMESHWAR AGARWALA AND ORS.

BHOJA @ BHOJA RAM GUPTA versus RAMESHWAR AGARWALA AND ORS.

There is no provision in the Bihar Building (Lease, Rent and Eviction) Control Act for automatic adjustment of excess rent paid due to an illegal enhancement; such excess payments are not automatically appropriated against arrears unless specifically sought or agreed. The tenant, not having claimed adjustment in response to eviction proceedings, was a defaulter and liable to eviction.

Parties
Appellant/tenant: Bhoja Ram Gupta; Respondents/landlord: Rameshwar Agarwala and Ors.
Jurisdiction
India
Judgment Date
16 March 1993
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Second Appeal in Limine by Patna High Court
Outcome
Appeal dismissed
Legal Topics
Lease, Rent Enhancement, Eviction, Adjustment of Excess Rent, Bihar Building (lease, Rent and Eviction) Control Act
Property Law Tenancy Law Lease Rent Enhancement Eviction Adjustment of Excess Rent Bihar Building (lease, Rent and Eviction) Control Act

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Parties

Bhoja Ram Gupta

Appellant/tenant

Rameshwar Agarwala and Ors.

Respondents/landlord

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Second Appeal in Limine by Patna High Court

Legal Issues

  1. 1 Whether excess rent paid by tenant due to illegal enhancement can be automatically adjusted against subsequent defaults in payment of monthly rent under the Bihar Building (Lease, Rent and Eviction) Control Act

Ratio Decidendi

There is no provision in the Bihar Building (Lease, Rent and Eviction) Control Act for automatic adjustment of excess rent paid due to an illegal enhancement; such excess payments are not automatically appropriated against arrears unless specifically sought or agreed. The tenant, not having claimed adjustment in response to eviction proceedings, was a defaulter and liable to eviction.

Court Disposition

Appeal dismissed

Orders

  • Tenant directed to vacate and deliver vacant possession of premises to landlord within time prescribed (till 31st May, 1993) subject to filing usual undertaking within three weeks from date.