BINDESHWARY CHOUDHARY AND ANR. versus AJAY KUMAR

BINDESHWARY CHOUDHARY AND ANR. versus AJAY KUMAR

Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 authorizes courts to require tenants to deposit arrears of rent even for periods prior to institution of suit for eviction, subject to law of limitation. The Full Bench decision in Priyavarta Mehta v. Amrendu Banerjee correctly interprets the provision, affirming landlord's entitlement. The expression 'subject to law of limitation' applies only to claims for arrears of rent prior to suit institution.

Parties
Appellant: Bindeshwary Choudhary; Appellant: Bindeshwary Choudhary (and another); Respondent: Ajay Kumar
Jurisdiction
India
Judgment Date
22 April 1997
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court
Outcome
Appeals allowed
Legal Topics
Arrears of Rent, Eviction, Bihar Buildings (lease, Rent & Eviction) Act, 1982, Law of Limitation
Tenancy Law Arrears of Rent Eviction Bihar Buildings (lease, Rent & Eviction) Act, 1982 Law of Limitation

Case Brief

Summary, issues, holding and outcome

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Parties

Bindeshwary Choudhary

Appellant

Bindeshwary Choudhary (and another)

Appellant

Ajay Kumar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court

Legal Issues

  1. 1 Whether under Section 15 of Bihar Buildings (Lease, Rent & Eviction) Act, 1982, the court can require tenant to deposit arrears of rent for period prior to institution of suit for eviction
  2. 2 Interpretation of the expression 'subject to the law of limitation' in Section 15

Ratio Decidendi

Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 authorizes courts to require tenants to deposit arrears of rent even for periods prior to institution of suit for eviction, subject to law of limitation. The Full Bench decision in Priyavarta Mehta v. Amrendu Banerjee correctly interprets the provision, affirming landlord's entitlement. The expression 'subject to law of limitation' applies only to claims for arrears of rent prior to suit institution.

Court Disposition

Appeals allowed

Orders

  • Orders of the High Court set aside
  • Order of the Subordinate Court upheld