KAMESHWAR SINGH SRIVASTAVA versus IV ADDL. DIST. JUDGE LUCKNOW & ORS.

KAMESHWAR SINGH SRIVASTAVA versus IV ADDL. DIST. JUDGE LUCKNOW & ORS.

Appellant was all along willing to pay rent; deposit in Munsif's Court was justified since landlord refused to accept rent and did not respond to notice. Therefore, appellant not in arrears for more than four months and not liable to eviction. Court finds prior decisions too technical and incorrect.

Parties
Appellant Tenant: Kameshwar Singh Srivastava; Respondents Landlords: IV Additional District Judge, Lucknow & Ors.
Jurisdiction
India
Judgment Date
14 November 1986
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court in W.p. No. 995 of 1985
Outcome
Appeal allowed; orders of High Court and subordinate courts set aside; respondent-landlords' eviction suit dismissed.
Legal Topics
Rent Deposit Procedure, Eviction, Bonafide Dispute, Right to Receive Rent
Tenancy Landlord Tenant Law Rent Deposit Procedure Eviction Bonafide Dispute Right to Receive Rent

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Parties

Kameshwar Singh Srivastava

Appellant Tenant

IV Additional District Judge, Lucknow & Ors.

Respondents Landlords

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court in W.p. No. 995 of 1985

Legal Issues

  1. 1 Whether the appellant-tenant was liable to ejectment for failure to pay arrears of rent for more than four months
  2. 2 Whether deposit of rent in Munsif's Court relieves tenant from liability of eviction under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ratio Decidendi

Appellant was all along willing to pay rent; deposit in Munsif's Court was justified since landlord refused to accept rent and did not respond to notice. Therefore, appellant not in arrears for more than four months and not liable to eviction. Court finds prior decisions too technical and incorrect.

Court Disposition

Appeal allowed; orders of High Court and subordinate courts set aside; respondent-landlords' eviction suit dismissed.

Orders

  • Appeal allowed
  • Orders of High Court and subordinate courts set aside