SHIV KUMAR versus JAWAHAR LAL VERMA & ORS.

SHIV KUMAR versus JAWAHAR LAL VERMA & ORS.

Section 39 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 envisages only two situations for deposit of arrears—within one month from the Act's commencement, or within one month from knowledge of the pendency of the suit. The respondents, having knowledge of the suit but not depositing within one month, failed to comply with Section 39 and cannot claim its benefit. The High Court erred in considering knowledge of the date of construction as giving rise to a fresh period for deposit.

Parties
Appellant: Shiv Kumar; Respondents: Jawahar Lal Verma & Ors.
Jurisdiction
India
Judgment Date
14 September 1988
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment in C.m.w.p. No. 7343 of 1982
Outcome
Appeal allowed. High Court order set aside. Eviction decree restored with temporary protection to respondents until 31-12-1988 subject to usual undertaking.
Legal Topics
Eviction on Ground of Arrears of Rent, Deposit of Arrears Under Rent Control Law, Interpretation of Procedural Requirements Under U.p. Urban Buildings Act
Landlord and Tenant Rent Control Eviction on Ground of Arrears of Rent Deposit of Arrears Under Rent Control Law Interpretation of Procedural Requirements Under U.p. Urban Buildings Act

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Parties

Shiv Kumar

Appellant

Jawahar Lal Verma & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment in C.m.w.p. No. 7343 of 1982

Legal Issues

  1. 1 Whether deposit of arrears of rent by tenant under Section 39 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, made after knowledge of date of construction of building, but not within one month of knowledge of pendency of suit, entitles the tenant to protection from eviction.

Ratio Decidendi

Section 39 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 envisages only two situations for deposit of arrears—within one month from the Act's commencement, or within one month from knowledge of the pendency of the suit. The respondents, having knowledge of the suit but not depositing within one month, failed to comply with Section 39 and cannot claim its benefit. The High Court erred in considering knowledge of the date of construction as giving rise to a fresh period for deposit.

Court Disposition

Appeal allowed. High Court order set aside. Eviction decree restored with temporary protection to respondents until 31-12-1988 subject to usual undertaking.

Orders

  • The order of the High Court is set aside.
  • The decree for eviction passed by the Trial Court and confirmed by the Revisional Court is restored.