OM WATI GAUR AND ORS. versus JITENDRA KUMAR AND ORS.

OM WATI GAUR AND ORS. versus JITENDRA KUMAR AND ORS.

Since the appellants failed to deposit the full amount of rent (depositing Rs. 80 instead of Rs. 100 per month) and did not pay interest for delayed deposits, requirements of Section 39 were not met, and therefore benefit of no-eviction does not apply. The High Court decree for eviction was rightly confirmed.

Parties
Appellant: OM WATI GAUR; Respondent: JITENDRA KUMAR; Appellant: Anurag Pandey; Respondent: Ms. Arti Upadhaya; Respondent: Syed Ali Ahmad; Respondent: Syed Tanweer Ahmad; Respondent: Girdhar G. Upadhaya
Jurisdiction
India
Judgment Date
31 October 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Eviction, Statutory Tenancy, Deposit of Rent, Benefit Under Section 39
Rent Control Property Law Eviction Statutory Tenancy Deposit of Rent Benefit Under Section 39

Case Brief

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Parties

OM WATI GAUR

Appellant

JITENDRA KUMAR

Respondent

Anurag Pandey

Appellant

Ms. Arti Upadhaya

Respondent

Syed Ali Ahmad

Respondent

Syed Tanweer Ahmad

Respondent

Girdhar G. Upadhaya

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether appellants are entitled to the benefit of no-eviction under Section 39 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 despite short deposit of rent and interest
  2. 2 Whether the appellants are 'tenants' as defined under Section 3(a) of the Act after termination of tenancy

Ratio Decidendi

Since the appellants failed to deposit the full amount of rent (depositing Rs. 80 instead of Rs. 100 per month) and did not pay interest for delayed deposits, requirements of Section 39 were not met, and therefore benefit of no-eviction does not apply. The High Court decree for eviction was rightly confirmed.

Court Disposition

appeal dismissed

Orders

  • Appellants are granted 4 months’ time from date of order to vacate the premises subject to filing usual undertaking within 3 weeks in Supreme Court.