SHEO NARAIN versus SHER SINGH

SHEO NARAIN versus SHER SINGH

A deposit of arrears of rent, interest, and costs made by the tenant in the court of the Rent Controller, before or at the first hearing, where the amount is available to the landlord and the landlord is notified, constitutes valid tender under Section 13(2)(i) proviso of the East Punjab Urban Rent Restriction Act, 1949, and protects the tenant from eviction on grounds of non-payment of rent. Previous High Court interpretation and decisions to the contrary are overruled.

Parties
Appellant: Sheo Narayan; Respondent: Sher Singh
Jurisdiction
India
Judgment Date
21 October 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Revision Order
Outcome
appeal allowed
Legal Topics
Deposit of Rent Arrears, Eviction for Non Payment of Rent, Interpretation of Rent Acts
Rent Control Landlord Tenant Law Deposit of Rent Arrears Eviction for Non Payment of Rent Interpretation of Rent Acts

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Parties

Sheo Narayan

Appellant

Sher Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Revision Order

Legal Issues

  1. 1 Whether deposit of arrears of rent by tenant before or at first hearing constitutes valid tender under Section 13(2)(i) proviso of the East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether such deposit protects tenant from eviction

Ratio Decidendi

A deposit of arrears of rent, interest, and costs made by the tenant in the court of the Rent Controller, before or at the first hearing, where the amount is available to the landlord and the landlord is notified, constitutes valid tender under Section 13(2)(i) proviso of the East Punjab Urban Rent Restriction Act, 1949, and protects the tenant from eviction on grounds of non-payment of rent. Previous High Court interpretation and decisions to the contrary are overruled.

Court Disposition

appeal allowed

Orders

  • Judgment of the High Court set aside
  • Application of the respondent-landlord for ejectment dismissed