SHIV DUIT JADIYA versus GANGA DEVI

SHIV DUIT JADIYA versus GANGA DEVI

Tenant who deposits rent in court during the pendency of landlord's appeal against a decree in an eviction suit is not a defaulter for that period and no cause of action arises for a second eviction suit for the same period; deposit in court is a valid mode of payment during pendency of appeal as contemplated by Section 13(4), and compliance is required until the appellate court’s judgment.

Parties
Appellant: Shiv Dutt Jadiya; Respondent: Ganga Devi
Jurisdiction
India
Judgment Date
20 February 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Eviction, Default in Payment of Rent, Deposit of Rent in Court, Rajasthan Premises (control of Rent and Eviction) Act, 1950
Rent Control Landlord and Tenant Eviction Default in Payment of Rent Deposit of Rent in Court Rajasthan Premises (control of Rent and Eviction) Act, 1950

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Parties

Shiv Dutt Jadiya

Appellant

Ganga Devi

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether tenant is a defaulter for the period during which rent was deposited in court during pendency of landlord’s appeal against decree in first suit
  2. 2 Whether deposit of rent in court constitutes valid payment or tender under Rajasthan Premises (Control of Rent and Eviction) Act, 1950

Ratio Decidendi

Tenant who deposits rent in court during the pendency of landlord's appeal against a decree in an eviction suit is not a defaulter for that period and no cause of action arises for a second eviction suit for the same period; deposit in court is a valid mode of payment during pendency of appeal as contemplated by Section 13(4), and compliance is required until the appellate court’s judgment.

Court Disposition

appeal allowed

Orders

  • The judgment and decree of the High Court is set aside.
  • The suit for eviction filed by the landlord is dismissed.