SUDERSHAN DEVI AND ANR. versus SUSHILA DEVI AND ANR.

SUDERSHAN DEVI AND ANR. versus SUSHILA DEVI AND ANR.

Tenant must deposit arrears of rent at or before the date fixed for final hearing in the summons. Failure to do so under Section 20(4) of the Act results in eviction; actual hearing date or subsequent events are not relevant if default occurred by due date.

Parties
Appellant: Sudershan Devi and Anr.; Respondent No.1: Sushila Devi; Respondent No.2: Respondent no.2 (Legal representative of original tenant)
Jurisdiction
India
Judgment Date
29 September 1999
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Default in Payment of Rent, Relief Against Eviction, First Hearing of Suit, Deposit of Arrears of Rent
Rent Control and Eviction Default in Payment of Rent Relief Against Eviction First Hearing of Suit Deposit of Arrears of Rent

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Parties

Sudershan Devi and Anr.

Appellant

Sushila Devi

Respondent No.1

Respondent no.2 (Legal representative of original tenant)

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Interpretation of 'first hearing of the suit' under Section 20(4) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether arrears of rent must be deposited at the date fixed for first hearing as per the summons

Ratio Decidendi

Tenant must deposit arrears of rent at or before the date fixed for final hearing in the summons. Failure to do so under Section 20(4) of the Act results in eviction; actual hearing date or subsequent events are not relevant if default occurred by due date.

Court Disposition

Appeal dismissed

Orders

  • Six months time granted to vacate subject to filing usual undertaking within four weeks
  • If undertaking is not filed or terms not complied with, eviction decree can be executed forthwith