N.D. THANDANI (DEAD) BY LRS. versus ARNAVAZ RUSTOM PRINTER AND ANR.

N.D. THANDANI (DEAD) BY LRS. versus ARNAVAZ RUSTOM PRINTER AND ANR.

The tenant failed to comply with both the legal requirements to deposit rent monthly and the detailed procedure laid down by Rule 5. Arrears accumulated and were cleared in a lump sum. Tenants neither furnished particulars nor responded adequately to landlords’ legal notices, resulting in landlords being deprived of opportunity to collect rent regularly. This constituted chronic wilful default, justifying eviction under Section 10(2)(i) of the Act.

Parties
Appellant: N.D. Thandani (Dead) by LRs.; Respondents: Arna Vaz Rustom Printer and Anr.
Jurisdiction
India
Judgment Date
24 November 2003
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Wilful Default in Payment of Rent, Eviction, Compliance With Rent Control Rules
Tenancy and Landlord Tenant Law Wilful Default in Payment of Rent Eviction Compliance With Rent Control Rules

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Parties

N.D. Thandani (Dead) by LRs.

Appellant

Arna Vaz Rustom Printer and Anr.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the tenant is liable for eviction based on wilful default in payment of rent under Section 10(2)(i) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
  2. 2 Whether compliance with Rule 5 of the A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 is necessary for discharge of rent payment obligations.

Ratio Decidendi

The tenant failed to comply with both the legal requirements to deposit rent monthly and the detailed procedure laid down by Rule 5. Arrears accumulated and were cleared in a lump sum. Tenants neither furnished particulars nor responded adequately to landlords’ legal notices, resulting in landlords being deprived of opportunity to collect rent regularly. This constituted chronic wilful default, justifying eviction under Section 10(2)(i) of the Act.

Court Disposition

Appeal dismissed

Orders

  • Tenant allowed time up to 31.5.2004 for vacating the premises, subject to filing an undertaking on affidavit within four weeks from date of judgment with specific terms.
  • Tenant must deliver vacant and peaceful possession to landlord by 31.5.2004, not induct anyone else or create third party interest.