BRIJESH KUMAR, R.C.LAHOTI
J. J. Lal Private LTD. – Appellant
Versus
M. R. Murali – Respondent
Key Points: - The judgment holds that eviction on the ground of denial of title by the tenant, if not bona fide, cannot be sustained and that such denial must be properly pleaded and tried with reference to bona fides. (!) (!) (!) - It explains that eviction petitions must be filed before the Controller, and that if denial of title is found not bona fide, the landlord may pursue eviction in civil court under second proviso, allowing unified resolution of disputes to avoid multiplicity of suits. (!) (!) - It establishes that wilful default requires a finding of wilful non-payment of rent; simple non-payment for short periods may not constitute wilful default, and petitions based on wilful default can be dismissed if not established. (!) (!) - It emphasizes the need for proper pleadings, trial on issues framed (e.g., denial of title as an issue must be properly pleaded and tried), and that subsequent evidence cannot by itself create a ground for eviction if not appropriately framed in the eviction petition. (!) (!) (!) - It directs that, to resolve rent disputes, interim and final rent determinations and arrears payments must be addressed in line with proceedings for fair rent, with interim deposits required until finality. (!) (!)
JUDGMENT
R.C. Lahoti, J.-The landlord-respondents initiated proceedings for eviction of the tenant-appellants from the suit premises described as Door No. 244 and 264, Walltax Road, Chennai on the ground available under clause (1) of sub-section (2) of Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter, the Act for short), by applying to the Controller for a direction in that behalf. It was alleged in the application for eviction filed on 6th April, 1989 that the tenants did not pay the rent of premises Door No. 264 for January and February, 1989 at the rate of Rs. 1,000/- per month and for premises Door No. 244 for the month of February, 1989 at the rate of Rs. 4,000/- per month. The tenants, in their written statement, denied their being defaulters and submitted that there was dispute as to the rate at which the rent was payable and also as to the quantum of arrears, though, they were agreeable and always prepared to pay the rent at which it was previously paid but for the exaggerated and inflated demand of the landlords.
2. It appears that the suit premises are owned by the Municipal Corporation of Chennai and are held by the landlords as allo
Firm Sriniwas Ram Kumar v. Mahabir Prasad and Ors.
Nagubai Ammal & Ors. v. B. Shama Rao & Ors.
Majati Subbarao v. P.V.K. Krishna Rao (Deceased) by LRs.
Hasmat Rai & Anr. v. Raghunath Prasad (1981) 3 SCC 103. (Para 15)
Om Prakash & Ors. v. Ram Kumar & Ors.
S. Sundaram Pillai etc. etc. v. V.R. Pattabiraman etc. etc.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.