RADHA KISHAN SAO versus GOPAL MODI & ORS.

RADHA KISHAN SAO versus GOPAL MODI & ORS.

Only default in payment of rent fixed by Rent Controller forms a valid ground for eviction under section 11(1)(d); agreed furniture rent is an independent contract and non-payment thereof does not permit eviction unless revised rent is fixed by Controller. The penalty for non-compliance of deposit order under section 11A is separate and must not be confused with grounds for eviction. The High Court erred in decreeing eviction for default in furniture rent and striking out defence without proper enquiry into compliance with section 11A.

Parties
Appellant: Radha Kishan Sao; Respondents: Gopal Modi & Ors.
Jurisdiction
India
Judgment Date
14 February 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Patna High Court, Second Appeal
Outcome
Appeal allowed, judgment and decree of High Court set aside; suit for eviction dismissed.
Legal Topics
Eviction, Fair Rent, Contractual Rent, Deposit of Rent, Procedural Default
Tenancy Law Civil Procedure Eviction Fair Rent Contractual Rent Deposit of Rent Procedural Default

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Parties

Radha Kishan Sao

Appellant

Gopal Modi & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Patna High Court, Second Appeal

Legal Issues

  1. 1 Whether non-payment of furniture rent amounts to default under section 11(1)(d) of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 for eviction.
  2. 2 Whether deposit of rent under section 11A was properly complied with.

Ratio Decidendi

Only default in payment of rent fixed by Rent Controller forms a valid ground for eviction under section 11(1)(d); agreed furniture rent is an independent contract and non-payment thereof does not permit eviction unless revised rent is fixed by Controller. The penalty for non-compliance of deposit order under section 11A is separate and must not be confused with grounds for eviction. The High Court erred in decreeing eviction for default in furniture rent and striking out defence without proper enquiry into compliance with section 11A.

Court Disposition

Appeal allowed, judgment and decree of High Court set aside; suit for eviction dismissed.

Orders

  • Judgment of Patna High Court set aside.
  • Judgment and decree of Munsiff dismissing suit restored.