SMT. PUSHPA DEVI & ORS. versus MILKHI RAM

SMT. PUSHPA DEVI & ORS. versus MILKHI RAM

The obligation to tender rent under the proviso to Section 13(2)(i) does not require existence of admitted jural relationship of landlord and tenant. The benefit can be availed by the tenant and those claiming to be tenant, and a literal or restrictive reading that only a statutorily defined tenant may tender is unjust and contrary to legislative intent. Thus, persons claiming tenancy are entitled to tender arrears and avail relief from eviction for default under the Act.

Parties
Appellant: Smt. Pushpa Devi & Ors.; Respondent: Milkhi Ram
Jurisdiction
India
Judgment Date
08 February 1990
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in Civil Revision No. 3243 of 1982
Outcome
Appeal allowed; judgments of appellate authority and High Court reversed.
Legal Topics
Definition of 'tenant', Eviction Proceedings, Tendering of Rent Arrears, Benefit of Proviso Under Rent Act
Landlord Tenant Statutory Interpretation Definition of 'tenant' Eviction Proceedings Tendering of Rent Arrears Benefit of Proviso Under Rent Act

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Parties

Smt. Pushpa Devi & Ors.

Appellant

Milkhi Ram

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in Civil Revision No. 3243 of 1982

Legal Issues

  1. 1 Whether the word 'tenant' in Section 2(h)(i) of the East Punjab Urban Rent Restriction Act, 1949 includes a person claiming to be a tenant
  2. 2 Whether existence of admitted jural relationship of landlord and tenant is necessary to avail benefit under Section 13(2)(i) proviso
  3. 3 Construction of 'tenant' within the statutory proviso for tendering arrears

Ratio Decidendi

The obligation to tender rent under the proviso to Section 13(2)(i) does not require existence of admitted jural relationship of landlord and tenant. The benefit can be availed by the tenant and those claiming to be tenant, and a literal or restrictive reading that only a statutorily defined tenant may tender is unjust and contrary to legislative intent. Thus, persons claiming tenancy are entitled to tender arrears and avail relief from eviction for default under the Act.

Court Disposition

Appeal allowed; judgments of appellate authority and High Court reversed.

Orders

  • Matter remitted to appellate authority for disposal in light of this judgment and in accordance with law.
  • No order as to costs.