RAM DEO versus UMRAO SINGH

RAM DEO versus UMRAO SINGH

Arrears due under the agreement ceased to be 'arrears of rent' and could not be tacked onto rent due for the three months preceding the notice. Therefore, the appellant was not in arrears for more than three months within Section 3(1)(a), and not liable to be evicted under that clause.

Parties
Appellant: Ram Deo; Respondent: Umrao Singh
Jurisdiction
India
Judgment Date
15 November 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment Dated 21 8 1969 in Second Appeal No. 2693/68
Outcome
Appeal allowed; High Court decree set aside; respondent's suit dismissed.
Legal Topics
Arrears of Rent, Eviction, Effect of Settlement Agreement, Interpretation of Section 3(1)(a) U.p. (temporary) Control of Rent and Eviction Act
Landlord Tenant Property Law Arrears of Rent Eviction Effect of Settlement Agreement Interpretation of Section 3(1)(a) U.p. (temporary) Control of Rent and Eviction Act

Case Brief

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Parties

Ram Deo

Appellant

Umrao Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment Dated 21 8 1969 in Second Appeal No. 2693/68

Legal Issues

  1. 1 Whether arrears of rent covered by an instalment agreement can be considered 'arrears of rent' for eviction under Section 3(1)(a) of the Act
  2. 2 Whether a tenant in default under such an agreement is liable to eviction for more than three months' arrears

Ratio Decidendi

Arrears due under the agreement ceased to be 'arrears of rent' and could not be tacked onto rent due for the three months preceding the notice. Therefore, the appellant was not in arrears for more than three months within Section 3(1)(a), and not liable to be evicted under that clause.

Court Disposition

Appeal allowed; High Court decree set aside; respondent's suit dismissed.

Orders

  • Parties to bear their own costs in this Court