BRAHMANAND versus SMT. KAUSHALYA DEVI & ANR.

BRAHMANAND versus SMT. KAUSHALYA DEVI & ANR.

Where physical tender of rent is ruled out due to extremely strained relations, deposit in court may be treated as payment to landlord if all reasonable alternatives to direct payment have been eliminated; in absence of such circumstances, straight deposit is not warranted and does not satisfy statutory requirements.

Parties
Appellant: Brahmanand; Respondent: Smt. Kaushalya Devi
Jurisdiction
India
Judgment Date
11 April 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Allahabad High Court's Judgment and Order Dated 28 4 1976 in Second Appeal No. 1719 of 1972
Outcome
Appeal allowed; case remanded to lower appellate court.
Legal Topics
Eviction, Arrears of Rent, Payment of Rent, Interpretation of Statutes
Landlord Tenant Law Property Law Eviction Arrears of Rent Payment of Rent Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Brahmanand

Appellant

Smt. Kaushalya Devi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Allahabad High Court's Judgment and Order Dated 28 4 1976 in Second Appeal No. 1719 of 1972

Legal Issues

  1. 1 Whether deposit of rent in court under strained relations constitutes 'payment' under United Provinces (Temporary) Control of Rent and Eviction Act, 1947
  2. 2 Whether the appellant tenant was in arrears of rent justifying eviction

Ratio Decidendi

Where physical tender of rent is ruled out due to extremely strained relations, deposit in court may be treated as payment to landlord if all reasonable alternatives to direct payment have been eliminated; in absence of such circumstances, straight deposit is not warranted and does not satisfy statutory requirements.

Court Disposition

Appeal allowed; case remanded to lower appellate court.

Orders

  • Lower appellate court to determine if circumstances justify deposit of rent in court as equivalent to payment to landlord.
  • If justifying circumstances are absent, decree for eviction will stand; otherwise, eviction petition will be dismissed.