JANAK RAJ versus PARDEEP KUMAR

JANAK RAJ versus PARDEEP KUMAR

The tenant was in default of rent payment on three occasions within eighteen months; part payment does not cure default, and therefore the tenant forfeits protection under Section 12. The decree for eviction granted by the trial court is restored.

Parties
Appellant: Janak Raj; Respondent: Pardeep Kumar
Jurisdiction
India
Judgment Date
27 November 2007
Procedural Posture
Civil Appeal / Appeal From High Court
Outcome
Appeal allowed; eviction decree maintained.
Legal Topics
Eviction, Default in Payment of Rent, Statutory Protection for Tenants
Rent Control Landlord Tenant Law Eviction Default in Payment of Rent Statutory Protection for Tenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Janak Raj

Appellant

Pardeep Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court

Legal Issues

  1. 1 Whether the tenant is entitled to protection against eviction under Section 12 of the Jammu & Kashmir Houses and Shops Rent Control Act, 1966 after committing three defaults in payment of rent within eighteen months.

Ratio Decidendi

The tenant was in default of rent payment on three occasions within eighteen months; part payment does not cure default, and therefore the tenant forfeits protection under Section 12. The decree for eviction granted by the trial court is restored.

Court Disposition

Appeal allowed; eviction decree maintained.

Orders

  • Judgment and order of High Court and First Appellate Court are set aside.
  • Tenant to handover vacant possession of premises to landlord by 31st August, 2008.