MANGAT RAI & ANR. versus KIDAR NATH & ORS.

MANGAT RAI & ANR. versus KIDAR NATH & ORS.

Deposit of arrears and future rent by the tenant under Section 31 of the Punjab Relief of Indebtedness Act, made in court (functioning as Rent Controller) before or on the first date of hearing, together with interest and costs, is a valid tender for the purpose of Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949, and entitles the tenant to statutory protection against eviction.

Parties
Appellant: Mangat Rai; Respondent: Kidar Nath
Jurisdiction
India
Judgment Date
21 August 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From a High Court Civil Revision Judgment
Outcome
appeal allowed
Legal Topics
Valid Deposit of Rent, Protection From Eviction, Effect of Deposit Under Punjab Relief of Indebtedness Act, East Punjab Urban Rent Restriction Act
Tenancy Landlord Tenant Statutory Interpretation Valid Deposit of Rent Protection From Eviction Effect of Deposit Under Punjab Relief of Indebtedness Act East Punjab Urban Rent Restriction Act

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Parties

Mangat Rai

Appellant

Kidar Nath

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From a High Court Civil Revision Judgment

Legal Issues

  1. 1 Whether deposit of arrears and future rent by tenant under Section 31 of the Punjab Relief of Indebtedness Act, 1934 is a valid tender for the purposes of Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether the tenant is protected from eviction under the proviso to Section 13(2) upon such deposit

Ratio Decidendi

Deposit of arrears and future rent by the tenant under Section 31 of the Punjab Relief of Indebtedness Act, made in court (functioning as Rent Controller) before or on the first date of hearing, together with interest and costs, is a valid tender for the purpose of Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949, and entitles the tenant to statutory protection against eviction.

Court Disposition

appeal allowed

Orders

  • Order of the High Court set aside.
  • Suit of the plaintiff for ejectment dismissed.