CHHOTE LAL versus SHRI KEWAL KRISHAN MEHTA

CHHOTE LAL versus SHRI KEWAL KRISHAN MEHTA

Where electricity charges are variable, paid separately, and not pleaded as part of rent in the eviction application, they cannot be treated as rent arrears for the purpose of eviction proceedings under the East Punjab Urban Rent Restriction Act, 1949; thus, only properly pleaded and agreed amounts can support an order of ejectment for arrears.

Parties
Appellant: Chhote Lal; Respondent: Shri Kewal Krishan Mehta
Jurisdiction
India
Judgment Date
25 February 1971
Procedural Posture
Civil Appeal / Remanded to High Court
Outcome
Set aside and remanded
Legal Topics
Arrears of Rent, Electricity Charges, Eviction Proceedings, Deposit or Tender by Tenant
Landlord and Tenant Arrears of Rent Electricity Charges Eviction Proceedings Deposit or Tender by Tenant

Case Brief

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Parties

Chhote Lal

Appellant

Shri Kewal Krishan Mehta

Respondent

Procedural Posture

Civil Appeal / Remanded to High Court

Legal Issues

  1. 1 Whether electricity charges form part of rent for the purpose of determining arrears under the East Punjab Urban Rent Restriction Act, 1949.

Ratio Decidendi

Where electricity charges are variable, paid separately, and not pleaded as part of rent in the eviction application, they cannot be treated as rent arrears for the purpose of eviction proceedings under the East Punjab Urban Rent Restriction Act, 1949; thus, only properly pleaded and agreed amounts can support an order of ejectment for arrears.

Court Disposition

Set aside and remanded

Orders

  • Order of the High Court dismissing the revision is set aside.
  • Case remanded to the High Court to determine whether the sum of Rs. 469 was properly deposited or tendered by the tenant in accordance with law.