D.C. OSWAL versus V.K. SUBBIAH AND ORS.

D.C. OSWAL versus V.K. SUBBIAH AND ORS.

When the landlord habitually collects rent for periods of up to three months at a time, failure to pay rent within a similar period cannot amount to wilful default under Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Raising a ground of 'change of user' after several years of acquiescence does not constitute valid ground for eviction.

Parties
Appellant: D.C. Oswal; Respondent: V.K. Subbiah and Ors.
Jurisdiction
India
Judgment Date
12 November 1991
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal allowed. Judgment of the High Court reversed. Eviction petition dismissed.
Legal Topics
Wilful Default, Change of User, Eviction, Landlord and Tenant, Rent Control
Tenancy Law Wilful Default Change of User Eviction Landlord and Tenant Rent Control

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Parties

D.C. Oswal

Appellant

V.K. Subbiah and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether non-payment of rent for three months constituted wilful default under Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, where landlord accepted rent at intervals.
  2. 2 Whether raising the ground of change of user after seven years justified eviction under the Act.

Ratio Decidendi

When the landlord habitually collects rent for periods of up to three months at a time, failure to pay rent within a similar period cannot amount to wilful default under Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Raising a ground of 'change of user' after several years of acquiescence does not constitute valid ground for eviction.

Court Disposition

Appeal allowed. Judgment of the High Court reversed. Eviction petition dismissed.

Orders

  • Rent to be increased to Rs. 400 per month from 1.1.1992.
  • Tenant to pay rent in advance month to month by the end of every month.