RAMA KANT AND ORS. versus SONA DEVI

RAMA KANT AND ORS. versus SONA DEVI

Tender of arrears of rent by a member of tenant's family (without inconsistent claim) is a valid tender under Section 13(2), first proviso of the Haryana Urban (Control of Rent and Eviction) Act, 1973; appeal allowed and eviction petition dismissed.

Parties
Appellant: Rama Kant; Appellant: Other Appellants (including son, appellant No. 3); Respondent: Sona Devi
Jurisdiction
India
Judgment Date
21 February 2002
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Eviction, Tender of Rent, Non Residential Premises
Rent Control Eviction Tender of Rent Non Residential Premises

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Parties

Rama Kant

Appellant

Other Appellants (including son, appellant No. 3)

Appellant

Sona Devi

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether rent tendered by son of tenant constitutes valid tender under Section 13(2), first proviso of Haryana Urban (Control of Rent and Eviction) Act, 1973

Ratio Decidendi

Tender of arrears of rent by a member of tenant's family (without inconsistent claim) is a valid tender under Section 13(2), first proviso of the Haryana Urban (Control of Rent and Eviction) Act, 1973; appeal allowed and eviction petition dismissed.

Court Disposition

appeal allowed

Orders

  • Order of High Court and Appellate Authority set aside
  • Order of Rent Controller restored