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MANOJ MISRA, ARAVIND KUMAR
Shanti Prasad (D) through LRs. – Appellant
Versus
Thakur Dass (D) through LRs. – Respondent
ORDER :
1. Matter is called out.
2. Learned counsel for the appellant is present but none is present for the respondents.
3. There are 11 respondents in this appeal. As per office report, respondent nos. 1(i) to (vi), 3 and 5 are served but no one has entered appearance on their behalf. Respondent nos. 2 and 4 have refused to accept notice. Notice upon respondent no. 6 was served as per Certificate of Service received from the High Court. Respondent nos. 7 to 11 have refused to accept the notice and, therefore, notices have been affixed at their residence.
4. In view of the above, service of notice on the respondents is held sufficient.
5. We have heard learned counsel for the appellant and have perused the record.
6. The appellant is a tenant. A suit for recovery of arrears of rent and eviction was instituted against the appellant after determining the tenancy inter-alia on the ground of default in payment of rent and making of material alteration in the tenanted accommodation. After exchange of pleadings, the trial court framed as many as eight issues. On Issue No. 4 i.e. whether the tenant/defendant has made material alterations in the accommodation in dispute, the trial court returne
Court cannot deny protection to tenant only on the ground that plea taken by him with regard to rate of rent was found incorrect.
The tenant is entitled to protection against eviction if the rent is deposited in compliance with statutory provisions, despite discrepancies in claimed rent.
The court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
The tenant's deposit under Section 20(4) must reflect the court-determined rent and damages, not merely the landlord's claims, to qualify for statutory protection against eviction.
Tenant can only deposit rent in Court as long as landlord has refused to accept rent – Once landlord expresses his willingness to accept rent, tenant has no option but to deposit rent to landlord.
Tenants cannot be evicted for non-payment of rent if they have made proper deposits under legal requirements, and landlords had knowledge of these deposits.
Timely application and deposit of rent, even if slightly delayed due to holidays, fulfill statutory requirements preventing eviction under the Maharashtra Rent Control Act.
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