1. Eviction suit filed on grounds of default in rent following non-compliance with a court direction to deposit arrears under Section 15, Bihar Building Control Act. (Para 1 )
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1998 Supreme(SC) 385
1998(3) Supreme 341
Supreme Court of India
(From Patna High Court)
A.S. Anand and S.P. Bharucha, JJ.
M/s. Inter State Transport Agency -Appellant
versus
Bibi Habiba Khatoon (dead) by L.Rs. -Respondents
Civil Appeal No. 2751 of 1991
Decided on 24-3-1998
Counsel for the Parties :
For the Appellant : S.B. Sanyal, Sr. Advocate and S.K. Sinha, Advocate.
For the Respondents : S.N. Misra, Sr. Advocate and P.P. Singh, Advocate.
Important Point
Delay in deposit of rent u/s. 15 of Bihar Building Control Act is not a ground of eviction u/s. 11 of the Act.
Headnote:Bihar Building Control Act-Sections 11 and 15-Eviction suit u/s. 11 on ground of non-payment -Pending suit direction u/s. 15 to deposit arrears in Court-Deposit made by tenant - Deposit withdrawn by landlord-Later another eviction suit filed on ground that deposit u/s. 15 in earlier suit was not in time - Decreed by Courts below-Whether correct? (No).
Held : Delay in the deposit of rent is not covered by Section 11 of the Act, particularly after the rent was withdrawn without demur by the landlord. The trial Court, the first appellate Court and the High Court fell in error in not noticing the distinction between the remedies available under Section 11 of the Act and those available for non-compliance with the directions under Section 15 of the Act. The courts below ought to have held that the suit for eviction was not maintainable on the ground of delay in deposit of rent in violation of the directions given in the second appeal arising out of Title Suit No. 6 of 1974. The impugned order, under the circumstances, cannot be sustained. Consequently, we allow this appeal and set aside the impugned order. As a result, Title Suit No. 100 of 1980 shall stand dismissed. No costs. (Para 2)
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2. Whether delay in depositing rent pursuant to a court order under Section 15 of the Act constitutes a ground for eviction under Section 11. (Para 1 )
3. The court distinguished between the specific penalties for non-compliance under Section 15(1) and the grounds for ejectment under Section 11 of the Act. (Para 2 )
4. Non-compliance with directions to deposit rent under Section 15 of the Bihar Building Control Act does not constitute a ground for eviction under Section 11. (Para 2 )
5. Appeal allowed; the order for eviction set aside and the underlying eviction suit dismissed. (Para 2 )
6. Does non-compliance with a direction to deposit rent under Section 15 of the Bihar Building Control Act justify eviction under Section 11?
No. The consequence of non-compliance with Section 15 is provided in Section 15(1), which allows the court to strike off the tenant's defense. Such non-compliance cannot be used as a ground for ejectment under Section 11. (Para 2 )
7. What is the legal consequence for a tenant who fails to comply with a rent deposit direction under Section 15 of the Bihar Building Control Act?
Under Section 15(1) of the Act, the court may order the tenant's defense against ejectment to be struck off, placing the tenant in the same position as if they had not defended the claim. (Para 2 )
8. Does the landlord's withdrawal of delayed rent deposits affect a claim for eviction based on that delay?
Yes. The court observed that delay in the deposit of rent is not covered by Section 11 of the Act, particularly when the landlord has withdrawn the rent amount without demur. (Para 2 )
Order
The respondent instituted Title Suit No. 6 of 1974 for eviction of the appellant on ground of default in payment of rent. That suit was dismissed on 31.1.1978. The first appeal preferred by the respondent before the District Judge succeeded vide judgment and order dated 31.3.1979. The appellant filed second appeal in the High Court, being Second Appeal No. 404 of 1979. During the pendency of that appeal, landlord-respondent filed an application under Section 15 of the BIHAR BUILDING CONTROL ACT (hereinafter the Act) for deposit of arrears of rent accumulated during pendency of the appeal and future rent during the pendency of the appeal. An order came to be made by the High Court on 25.9.1979 to deposit the arrears of rent by 15.11.1979. The appellant, however, deposited the arrears of rent on 9.2.1980 and that amount was subsequently withdrawn by the respondent-landlord. While the second appeal was pending in the High Court, the respondent instituted Title Suit No. 100 of 1980 seeking eviction of the appellant on the ground that during the pendency of the appeal in the High Court arising out of the earlier suit, the appellant had not complied with the directions of the High Court to deposit the rent made on 25.9.1979, in the application under Section 15 of the Act within the prescribed time and was thus in default in payment of arrears of rent and, therefore, liable to be evicted. The appellant contested the suit and in his written statement inter-alia raised the plea that the default in the deposit of rent pursuant to the orders passed by the High Court in the application under Section 15 of the Act within the prescribed period could not be a ground for his eviction. It was also averred that since the respondent had withdrawn the rent amount, she had waived her right to complain about the delayed deposit of rent. The trial Court decreed title suit No. 100 of 1980 on 29.3.1985. An appeal filed by the appellant before the District Judge was dismissed on 10.5.1990. His second appeal failed before the High Court on 6.2.1991. Hence this appeal by special leave.
2. We have heard learned counsel for the parties and gone through the records. The consequence of non-compliance with a direction made under Section 15 of the Act is contained in Section 15 (1) of the Act. The court could order the defence against ejectment to be struck off and to place the tenant in the same position as if he had not defended the claim to ejectment in the matter or cause in which the direction was made. For non-compliance of the directions in the second appeal, recourse could not be had to seeking ejectment under Section 11 of the Act. Delay in the deposit of rent is not covered by Section 11 of the Act, particularly after the rent was withdrawn without demur by the landlord. The trial Court, the first appellate Court and the High Court fell in error in not noticing the distinction between the remedies available under Section 11 of the Act and those available for non-compliance with the directions under Section 15 of the Act. The courts below ought to have held that the suit for eviction was not maintainable on the ground of delay in deposit of rent in violation of the directions given in the second appeal arising out of Title Suit No. 6 of 1974. The impugned order, under the circumstances, cannot be sustained. Consequently, we allow this appeal and set aside the impugned order. As a result, Title Suit No. 100 of 1980 shall stand dismissed. No costs.
(N.K.) Appeal allowed.
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Parallel Citations of other Journals :
Inter State Transport Agency v. Bibi Habiba Khatoon (dead) by L.Rs., 1998(3) Supreme 341 : AIR 1998 SC 178 : (1998) 4 SCC 70 : JT 1998(2) SC 635 : 1998(2) Scale 466 : 1998(III) AD (SC) 298
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