Chetty v Pillay (18 of 2008) [2009] SCSC 2 (27 October 2009)

Chetty v Pillay (18 of 2008) [2009] SCSC 2 (27 October 2009)

The appellant remained in occupation after expiry of the tenancy, did not pay rent to the respondent, and the Board was entitled to order eviction and payment of rent arrears under Section 10 of the Control of Rent and Tenancy Agreements Act.

Citation
[2009] SCSC 2
Parties
Appellant: Nichol Chetty; Respondent: P Subramaniyam Pillay
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 October 2009
Case Number
18 of 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Tenancy, Non Payment of Rent, Ejectment, Rent Arrears
Source Language
English
Landlord and Tenant Law Statutory Tenancy Non Payment of Rent Ejectment Rent Arrears

Case Brief

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Parties

Nichol Chetty

Appellant

P Subramaniyam Pillay

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant could be evicted as a statutory tenant for non-payment of rent
  2. 2 Whether rent was due to the respondent or to a third party (Mr. K Chetty)

Ratio Decidendi

The appellant remained in occupation after expiry of the tenancy, did not pay rent to the respondent, and the Board was entitled to order eviction and payment of rent arrears under Section 10 of the Control of Rent and Tenancy Agreements Act.

Court Disposition

appeal dismissed

Orders

  • decision of the Rent Board affirmed
  • costs awarded to the respondent