SARWAN KUMAR ONKAR NATH versus SUBHAS KUMAR AGARWALLA

SARWAN KUMAR ONKAR NATH versus SUBHAS KUMAR AGARWALLA

A tenant who has paid, and a landlord who has accepted, an advance rent amounting to more than one month in violation of Section 3 of the Act is entitled, in the absence of any agreement to the contrary, to adjustment of the excess amount towards arrears of rent for the purpose of Section 11(1)(d), and cannot be treated as a defaulter for those months; the doctrine of in pari delicto does not apply to bar such adjustment.

Parties
Appellant: SARWAN KUMAR ONKAR NATH; Respondent: SUBHAS KUMAR AGARWALLA
Jurisdiction
India
Judgment Date
09 October 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 6.1.1986 of the Patna High Court in Appeal Decree No. 75 of 1978
Outcome
Appeal allowed. Judgment of High Court set aside. Judgment of the trial court, as affirmed by the first appellate court, restored.
Legal Topics
Eviction of Tenant for Default in Payment of Rent, Adjustment of Advance Rent, Interpretation of Bihar Building (lease, Rent and Eviction) Control Act, 1947, Doctrine of in Pari Delicto
Landlord and Tenant Law Eviction of Tenant for Default in Payment of Rent Adjustment of Advance Rent Interpretation of Bihar Building (lease, Rent and Eviction) Control Act, 1947 Doctrine of in Pari Delicto

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SARWAN KUMAR ONKAR NATH

Appellant

SUBHAS KUMAR AGARWALLA

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 6.1.1986 of the Patna High Court in Appeal Decree No. 75 of 1978

Legal Issues

  1. 1 Whether a tenant can claim adjustment of advance rent paid in excess of that permitted under Section 3 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1947, against rent arrears for purposes of eviction under Section 11(1)(d)
  2. 2 Whether the doctrine of in pari delicto bars the tenant from claiming such adjustment

Ratio Decidendi

A tenant who has paid, and a landlord who has accepted, an advance rent amounting to more than one month in violation of Section 3 of the Act is entitled, in the absence of any agreement to the contrary, to adjustment of the excess amount towards arrears of rent for the purpose of Section 11(1)(d), and cannot be treated as a defaulter for those months; the doctrine of in pari delicto does not apply to bar such adjustment.

Court Disposition

Appeal allowed. Judgment of High Court set aside. Judgment of the trial court, as affirmed by the first appellate court, restored.

Orders

  • High Court judgment set aside.
  • Judgment of the trial court as affirmed by the Additional Subordinate Judge restored.