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1994 Supreme(SC) 1324

SUPREME COURT OF INDIA
S. Mohan, M.K. Mukherjee, JJ.
Rameshwarlal Chaudhury - Appellant
Versus
Ram Niranjan Mour - Respondent
Civil Appeal No. 2977 of 1991
Decided On : 04-01-1994

Non-compliance with statutory provisions, specifically regarding the tendering of rent to the landlord as required by the Rent Control Act.

Headnote:

TENDER - Rent Control Act - Non-compliance with Section 5(4) - Appellant-tenant deposited rent into Court without tendering to landlord

Fact of the Case:

Appellant-tenant did not tender the rent to the landlord and instead deposited it into the Court, contrary to Section 5(4) of the Assam Urban Areas Rent Control Act, 1972.

Finding of the Court:

The High Court's conclusion that the appellant's action did not comply with the legal provision was upheld, and the civil appeal was dismissed without costs.

Issues: Non-compliance with Section 5(4) of the Assam Urban Areas Rent Control Act, 1972 by the appellant-tenant.

Ratio Decidendi: The appellant's failure to tender the rent to the landlord and instead depositing it into the Court was not in compliance with Section 5(4) of the Rent Control Act.

Final Decision: The civil appeal was dismissed without costs.

ORDER :

S. Mohan, J.

In this case in which the appellant-tenant did not tender the rent to the landlord. Without resorting to such tender he has deposited the rent into the Court. That is not in compliance with Section 5(4) of the Assam Urban Areas Rent Control Act, 1972. The High Court is correct in its conclusion.

2. Civil appeal is dismissed.

No costs.

Appeal dismissed.

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