AHMEDSAHEB (D) BY LRS. & ORS. versus SAYED ISMAIL

AHMEDSAHEB (D) BY LRS. & ORS. versus SAYED ISMAIL

The relationship of landlord and tenant and rate of rent being admitted by the tenant, and default in payment being undisputed, landlord cannot be non-suited solely on inadmissibility of unregistered rent deed. Admission is sufficient to sustain claim. Decree is modified based on admitted rent due.

Parties
Appellant: AHMEDSAHEB (D) BY LRS. & ORS.; Respondent: SAYED ISMAIL
Jurisdiction
India
Judgment Date
19 July 2012
Procedural Posture
Civil Appeal and Special Leave Petition / Appeal From High Court Judgment and Order; SLP Against High Court Order
Outcome
Appeal allowed; SLP dismissed as infructuous.
Legal Topics
Recovery of Arrears of Rent, Eviction, Admissibility of Unregistered Documents, Admission in Evidence
Rent Control Property Law Recovery of Arrears of Rent Eviction Admissibility of Unregistered Documents Admission in Evidence

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Parties

AHMEDSAHEB (D) BY LRS. & ORS.

Appellant

SAYED ISMAIL

Respondent

Procedural Posture

Civil Appeal and Special Leave Petition / Appeal From High Court Judgment and Order; SLP Against High Court Order

Legal Issues

  1. 1 Whether unregistered rent deed is admissible in evidence for recovery of arrears of rent
  2. 2 Whether admission of tenant about rent and default can sustain landlord's claim
  3. 3 Whether landlord can rely on unregistered document for collateral purpose

Ratio Decidendi

The relationship of landlord and tenant and rate of rent being admitted by the tenant, and default in payment being undisputed, landlord cannot be non-suited solely on inadmissibility of unregistered rent deed. Admission is sufficient to sustain claim. Decree is modified based on admitted rent due.

Court Disposition

Appeal allowed; SLP dismissed as infructuous.

Orders

  • Decree for arrears of rent for October 1971 to November 1980 sustained and modified to Rs. 7200/-
  • Impugned High Court order set aside; judgment and decree of trial court and lower appellate court restored with modification on rent amount