CHANDER KALI BAI & ORS. versus JAGDISH SINGH THAKUR

CHANDER KALI BAI & ORS. versus JAGDISH SINGH THAKUR

A tenant is not liable to pay damages or mesne profits for the period after termination of contractual tenancy and before an eviction decree, as occupation is not wrongful under Madhya Pradesh Accommodation Control Act, 1961. Damages can be awarded only from the date of the eviction decree onward.

Parties
Appellants: Chander Kali Bai & Ors.; Respondent No. 1: Jagdish Singh Thakur; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
06 October 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Madhya Pradesh High Court in Second Appeal No. 495 of 1975
Outcome
Appeal allowed in part
Legal Topics
Landlord Tenant, Statutory Tenancy, Damages/mesne Profits, Eviction, Madhya Pradesh Accommodation Control Act, 1961
Property Law Landlord Tenant Statutory Tenancy Damages/mesne Profits Eviction Madhya Pradesh Accommodation Control Act, 1961

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Parties

Chander Kali Bai & Ors.

Appellants

Jagdish Singh Thakur

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Madhya Pradesh High Court in Second Appeal No. 495 of 1975

Legal Issues

  1. 1 Whether damages can be awarded from the date of termination of contractual tenancy or only from the date when an eviction decree is passed
  2. 2 Definition and scope of 'his business' and 'of his own in his occupation' under Section 12(1)(f) of Madhya Pradesh Accommodation Control Act, 1961
  3. 3 Whether a new plea not raised at trial can be considered at appellate stage

Ratio Decidendi

A tenant is not liable to pay damages or mesne profits for the period after termination of contractual tenancy and before an eviction decree, as occupation is not wrongful under Madhya Pradesh Accommodation Control Act, 1961. Damages can be awarded only from the date of the eviction decree onward.

Court Disposition

Appeal allowed in part

Orders

  • Decree for damages prior to eviction decree (from 1-1-1973 to 10-8-1975) set aside
  • Defendants liable to pay damages or mesne profits at Rs. 125 per month only from 11-8-1975 until delivery of vacant possession