SHADI SINGH versus RAKHA

SHADI SINGH versus RAKHA

If, after the landlord's claim for eviction on the ground of the building being unsafe, the tenant with proper process makes the building fit and habitable by carrying out minor repairs, then the cause for eviction under section 13(3)(a)(iii) ceases to exist; courts should consider such subsequent events.

Parties
Appellant: Shadi Singh; Respondent: Rakha
Jurisdiction
India
Judgment Date
23 April 1992
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Civil Revision Decision
Outcome
Appeal allowed
Legal Topics
Eviction, Building Repairs, Tenant Rights, Unsafe Buildings
Rent Law Eviction Building Repairs Tenant Rights Unsafe Buildings

Case Brief

Summary, issues, holding and outcome

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Parties

Shadi Singh

Appellant

Rakha

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Civil Revision Decision

Legal Issues

  1. 1 Whether the eviction of tenant on ground of building being unfit for human habitation is valid if tenant subsequently effects repairs making it fit for habitation
  2. 2 Whether subsequent events can be considered in eviction proceedings under East Punjab Urban Rent Restriction Act, 1949

Ratio Decidendi

If, after the landlord's claim for eviction on the ground of the building being unsafe, the tenant with proper process makes the building fit and habitable by carrying out minor repairs, then the cause for eviction under section 13(3)(a)(iii) ceases to exist; courts should consider such subsequent events.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Order of the appellate authority (District Court) restored, eviction petition dismissed