RAJA MUTHUKONE (D) BY LRS. versus T. GOPALASAMI AND ANR.

RAJA MUTHUKONE (D) BY LRS. versus T. GOPALASAMI AND ANR.

Landlord must wait for two months after notice to claim arrears. Initiating eviction proceedings before expiry of two months and withdrawing rent deposited by tenant disqualifies claim of wilful default. Tenant, having deposited rent and landlord having withdrawn same before expiry of notice period, cannot be held to be a defaulter.

Parties
Appellant: Raja Muthukone (D) by LRs; Respondent: T. Gopalasami; Respondent: ANR
Jurisdiction
India
Judgment Date
21 March 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Wilful Default, Tenant Arrears, Notice Period Under Rent Control Act
Rent and Eviction Wilful Default Tenant Arrears Notice Period Under Rent Control Act

Case Brief

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Parties

Raja Muthukone (D) by LRs

Appellant

T. Gopalasami

Respondent

ANR

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether tenant committed wilful default in payment or tendering of rent under Section 10(2)(i) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Ratio Decidendi

Landlord must wait for two months after notice to claim arrears. Initiating eviction proceedings before expiry of two months and withdrawing rent deposited by tenant disqualifies claim of wilful default. Tenant, having deposited rent and landlord having withdrawn same before expiry of notice period, cannot be held to be a defaulter.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court set aside
  • Eviction petition filed by landlord dismissed