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Rent and eviction

PRAKASH BHALOTIA (D) THR HIS LRS versus INDRA CHANDRA GOYAL (D) THRU. LRS

Because the respondent failed to pay rent month-to-month and did not regularly deposit rent, taxes and interest as required under Sections 20(2)(a), 20(4) and 30 of the UP Rent Act, and because the deposits made were belated and in one lump sum after direction of this Court, the protection under Section 20 was not available; the Trial Court and High Court erred in dismissing the eviction suit and the suit for eviction on the ground of non-payment of arrears is decreed.

Source excerpt

  • Eviction suit
  • Non-payment of arrears of rent
  • Delayed payment of rent
  • Statutory tenancy
  • Deposit under section 30
  • Protection under section 20(4)
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Civil procedure

ASHA RANI GUPTA versus SRI VINEET KUMAR

Where the defendant, who did not deny his status as lessee, failed to deposit the admitted arrears and monthly rents and displayed volitional non-performance with no cogent evidence of lawful payment, the trial court rightly struck off his defence under Order XV Rule 5 CPC; the High Court erred in setting that order aside without adequate reasons and in granting an indulgence that the law and record did not support; deposits made only pursuant to the High Court order do not cure the prior default.

Source excerpt

  • Order xv rule 5 cpc
  • Striking off defence
  • Deposit of admitted rent
  • Discretionary power of court
  • Denial of landlord-tenant relationship
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Rent and eviction

NATIONAL SAMPLE SURVEY ORGANISATION & ANR versus CHAMPA PROPERTIES LTD. & ANR.

Arbitration clauses in the relevant lease agreements did not extend to disputes arising out of government memoranda, so the writ petition was maintainable. Recommendations of the Hiring Committee are merely advisory and not binding unless expressly agreed. The landlord is not entitled to more than the agreed rent except by consent or operation of applicable statutes, and judgments to the contrary (Rabindra Nath Nandi) are overruled. Respondent must refund amounts received in excess of the agreed rent.

Source excerpt

  • Arbitration clauses in lease agreements
  • Binding nature of hiring committee recommendations
  • Maintainability of writ petitions involving lease disputes
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Rent and eviction

M/S MANGAT SINGH TRILOCHAN SINGH THR. MANGAT SINGH (D) THR. LRS. AND ORS. versus SATPAL

The Supreme Court held that the discretion exercised by the Trial Court in refusing to strike off the tenants' defence and in accepting the late deposit of arrears of rent was in accordance with law and facts; thus, the High Court was not justified in interfering under Section 115 CPC. Further, 'first hearing' under Order XV Rule 5 means the first effective date on which the court applies its mind, not merely the date when parties appear.

Source excerpt

  • Delay in deposit of arrears of rent
  • Striking off defence under cpc order xv rule 5
  • Revisional jurisdiction under section 115 cpc
  • Interpretation of 'first hearing' in order xv rule 5
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Rent and eviction

K.C.G. VERGHESE versus K.T. RAJENDRAN AND ANR.

Order of eviction against tenant is binding not only on tenant but also on his brother, as the latter's purported independent rights were not pleaded earlier and there is no evidence of an independent right in tenancy documents.

Source excerpt

  • Eviction of tenant
  • Contempt of court
  • Possession of tenanted premises
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Rent and eviction

OMBALIKA DAS AND ANR. versus HULISA SHAW

The special procedure under Section 29B of the West Bengal Premises Tenancy Act cannot be invoked by a landlord who is a relation of military, naval or air-force personnel after his retirement, as the legislative language restricts eligibility to certain specified circumstances including death while in service or within five years of retirement, not mere retirement.

Source excerpt

  • West bengal premises tenancy act
  • Eviction
  • Summary procedure
  • Scope of legislative benefit
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Rent and eviction

RAJA MUTHUKONE (D) BY LRS. versus T. GOPALASAMI AND ANR.

Landlord must wait for two months after notice to claim arrears. Initiating eviction proceedings before expiry of two months and withdrawing rent deposited by tenant disqualifies claim of wilful default. Tenant, having deposited rent and landlord having withdrawn same before expiry of notice period, cannot be held to be a defaulter.

Source excerpt

  • Wilful default
  • Tenant arrears
  • Notice period under rent control act
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Rent and eviction

MANSOOR KHAN versus MOTIRAM HAREBHAN KHARA T AND ANR.

The Rent Control Order is not retrospective; it does not affect the validity or outcome of suits instituted prior to its coming into force. Courts retain power to pass eviction decrees in pending suits unaffected by the Order.

Source excerpt

  • Retrospectivity of rent control order
  • Eviction proceedings
  • Applicability of rent control legislation
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Rent and eviction

K.D. DEWAN versus HARBHAJAN S. PARIHAR

Respondent is entitled to relief under Section 13(3)(a) as landlord by virtue of collecting rent after his father's death, regardless of ownership. Definition of landlord under Section 2(c) is broad and does not require ownership.

Source excerpt

  • Definition of landlord
  • Eviction on ground of personal occupation
  • East punjab urban rent restriction act
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Rent and eviction

RAJINDER PERSHAD (DEAD) BY LRS. versus SMT. DARSHANA DEVI

In absence of cross-examination of the postman regarding his presence on duty and the endorsement of refusal, his chief-examination stands and the courts below rightly relied on it to hold there was valid service of notice and, therefore, default in rent payment justifying eviction.

Source excerpt

  • Eviction for rent default
  • Service and proof of notice
  • Examination and cross-examination of witnesses under evidence act
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.