C. CHANDRAMOHAN versus SENGOTTAIYAN (DEAD) BY LRS. AND ORS.

C. CHANDRAMOHAN versus SENGOTTAIYAN (DEAD) BY LRS. AND ORS.

There was no wilful default in the payment of rent as the landlord had withdrawn rent deposited by the tenants before filing the eviction petition, and the tenants did not deny the landlord's title within the meaning of Section 10(2)(vii), since they did not renounce their status as tenants nor claim adversely to the landlord.

Parties
Appellant: C. Chandramohan; Respondents: Sengottaiyan (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
04 January 2000
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Allowing Revision Against Eviction Orders
Outcome
Appeals dismissed
Legal Topics
Wilful Default in Payment of Rent, Denial of Landlord's Title, Eviction Proceedings, Equity in Landlord Tenant Law
Rent Control and Eviction Wilful Default in Payment of Rent Denial of Landlord's Title Eviction Proceedings Equity in Landlord Tenant Law

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Parties

C. Chandramohan

Appellant

Sengottaiyan (Dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Allowing Revision Against Eviction Orders

Legal Issues

  1. 1 Whether there was wilful default in payment of rent under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
  2. 2 Whether the tenant's failure to tender correct rent amounts to wilful default
  3. 3 Whether the respondents denied the landlord’s title within the meaning of Section 10(2)(vii) of the Act

Ratio Decidendi

There was no wilful default in the payment of rent as the landlord had withdrawn rent deposited by the tenants before filing the eviction petition, and the tenants did not deny the landlord's title within the meaning of Section 10(2)(vii), since they did not renounce their status as tenants nor claim adversely to the landlord.

Court Disposition

Appeals dismissed

Orders

  • Appeals are dismissed with no order as to costs.