CHITRANJAN BURMAN versus OM PRAKASH BAJORIA AND ORS.

CHITRANJAN BURMAN versus OM PRAKASH BAJORIA AND ORS.

Tender of rent to one co-owner (Anar Devi) constitutes valid tender in absence of notice that only the karta was entitled to receive rent; improper refusal by co-owner cannot make tenants defaulters. Statutory tenancy is not heritable, and cause of action survived to remaining appellants even if some tenants died. There was no justification for remand on issue of default for two months.

Parties
Appellant/tenant: Chitranjan Burman; Respondent/landlord: Om Prakash Bajoria and others
Jurisdiction
India
Judgment Date
04 October 2001
Procedural Posture
Civil Appeal / Supreme Court Appellate (from Patna High Court Second Appeal)
Outcome
Tenant's appeal allowed; landlord's appeal dismissed.
Legal Topics
Proper Tender of Rent, Statutory Tenancy, Heritability of Tenancy, Personal Requirement of Landlord, Abatement by Death of Party, Validity of Remand, Co Ownership and Receipt of Rent
Rent Control Civil Procedure Succession Law Proper Tender of Rent Statutory Tenancy Heritability of Tenancy Personal Requirement of Landlord Abatement by Death of Party +2 more

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Parties

Chitranjan Burman

Appellant/tenant

Om Prakash Bajoria and others

Respondent/landlord

Procedural Posture

Civil Appeal / Supreme Court Appellate (from Patna High Court Second Appeal)

Legal Issues

  1. 1 Whether tenants were in arrears and liable to eviction under S. 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 for non-payment of rent
  2. 2 Whether proper tender of rent was made when sent by money order to one co-owner
  3. 3 Whether statutory tenancy is heritable under the Act

Ratio Decidendi

Tender of rent to one co-owner (Anar Devi) constitutes valid tender in absence of notice that only the karta was entitled to receive rent; improper refusal by co-owner cannot make tenants defaulters. Statutory tenancy is not heritable, and cause of action survived to remaining appellants even if some tenants died. There was no justification for remand on issue of default for two months.

Court Disposition

Tenant's appeal allowed; landlord's appeal dismissed.

Orders

  • High Court's remand set aside to extent relating to ascertainment of default for March 1972 and August 1973.
  • Civil Appeal No. 975/98 (by tenants) allowed.