MOHD. SALIMUDDIN versus MISRI LAL AND ANOTHER

MOHD. SALIMUDDIN versus MISRI LAL AND ANOTHER

Where a statutory prohibition protects a class (tenant) from exploitation, the doctrine of pari delicto does not deprive the oppressed party of relief; tenant was not in arrears as loan adjustment was statutorily intended to protect him.

Parties
Appellant Tenant: Mohd. Salimuddin; Respondent Landlord: Misri Lal; Respondent: Another
Jurisdiction
India
Judgment Date
12 March 1986
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal allowed; suit for eviction dismissed
Legal Topics
Adjustment of Loan Against Rent, Doctrine of Pari Delicto, Tenant Protection, Statutory Prohibition
Tenancy Law Contract Law Adjustment of Loan Against Rent Doctrine of Pari Delicto Tenant Protection Statutory Prohibition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohd. Salimuddin

Appellant Tenant

Misri Lal

Respondent Landlord

Another

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether tenant is entitled to claim adjustment of loan amount against rent accrued subsequently despite statutory prohibition
  2. 2 Applicability of doctrine of pari delicto in tenancy agreements prohibited by statute

Ratio Decidendi

Where a statutory prohibition protects a class (tenant) from exploitation, the doctrine of pari delicto does not deprive the oppressed party of relief; tenant was not in arrears as loan adjustment was statutorily intended to protect him.

Court Disposition

Appeal allowed; suit for eviction dismissed

Orders

  • Judgment and decree of High Court set aside
  • Judgment and decree of lower appellate court restored