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J. J. MUNIR
Raja Ram – Appellant
Versus
Saroj Bala – Respondent
JUDGMENT :
1. This is a tenant's petition arising out of a decree for eviction passed by the Judge, Small Cause Court in a suit for eviction and recovery of arrears of rent and mesne profits etc. The decree has been affirmed in revision by the Additional District Judge.
2. Saroj Bala, wife of Jai Prakash instituted S.C.C. Suit No. 30 of 2007 before the Judge, Small Cause Court, Ghaziabad on allegations that she is the owner and landlady of a house bearing premises No. 5 (presently numbered as 3), situate at Purvi Ismail Khan, Turab Nagar, Ghaziabad. Within the said premises, she has a shop, assigned private No. 8, wherein Raja Ram, the defendant, is a tenant at the rate of Rs. 30/-per month (excluding taxes -water tax, house tax and sewer tax). The tenancy is one from month to month. Raja Ram, who shall hereinafter be called 'the tenant', carries on a tailor's shop in the aforesaid tenanted premises (for short, 'the demised shop') under the name and style of ‘Samrat Tailors’. The business he keeps on changing and is currently engaging himself in the retail of shoes and other footwear. The tenancy commences on the first of every calendar month and ends on the last day. The premises,
Section 30 of the U.P. Act No. 13 of 1972 cannot be invoked for rent deposits once an eviction suit is pending, requiring adherence to procedural rules of the ongoing legal proceedings.
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.
The judgment emphasized the mandatory nature of the provisions of the Rent Control Act and the requirement for the tenant to offer rent to the landlord before depositing it in Court.
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.
Point of Law : The provisions under Order XV Rule 5(2) provides a locus poenitentiae to the defaulting tenant to make a representation, which must be made within ten days of the first hearing or with....
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 court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
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