M/S. JYOTI PRASHAD VINOD KUMAR AND ANR. versus YASH PAL AND ORS.

M/S. JYOTI PRASHAD VINOD KUMAR AND ANR. versus YASH PAL AND ORS.

In absence of valid notice under the second proviso to Section 8(1), tenants were under no obligation to tender house tax along with arrears of rent and their eviction was unjustified.

Parties
Appellant: M/S. Jyoti Prashad Vinod Kumar; Respondent: Yash Pal
Jurisdiction
India
Judgment Date
23 August 1996
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Final Disposition
Outcome
Appeal allowed; eviction order set aside; orders of appellate authority and High Court upset; Rent Controller's order restored
Legal Topics
Increase of Rent, House Tax Liability, Requirement of Statutory Notice for Rent Increase, Tenant Eviction for Non Payment of Increased Rent
Rent Control Property Law Increase of Rent House Tax Liability Requirement of Statutory Notice for Rent Increase Tenant Eviction for Non Payment of Increased Rent

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Parties

M/S. Jyoti Prashad Vinod Kumar

Appellant

Yash Pal

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Final Disposition

Legal Issues

  1. 1 Whether tenants' tender of arrears of rent including house tax was valid
  2. 2 Whether eviction could be ordered without valid notice under second proviso to Section 8(1) of Haryana Urban (Control of Rent and Eviction) Act, 1973
  3. 3 Whether liability to pay increased rent due to tax was prospective

Ratio Decidendi

In absence of valid notice under the second proviso to Section 8(1), tenants were under no obligation to tender house tax along with arrears of rent and their eviction was unjustified.

Court Disposition

Appeal allowed; eviction order set aside; orders of appellate authority and High Court upset; Rent Controller's order restored

Orders

  • Eviction petition on the ground of failure to pay rent dismissed
  • Appeal allowed with costs