IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
Mahendra Kumar Jain – Appellant
Versus
Mohammad Imran – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Ms. Shivangi Nanda, learned Advocate holding brief of Ms. Rama Goel Bansal, learned counsel appearing for petitioner and Ms.Smriti Gupta, learned Advocate appearing for landlord respondents.
2. The tenant petitioner is before this Court questioning the judgment and decree passed by the Judge Small Causes, Jhansi in SCC Suit No. 17 of 2015 decreeing the suit for eviction as well as the judgment and order dated 12.04.2025 passed by Additional District Judge Court No.4 Jhansi affirming the judgment of the trial court.
3. Ms. Nanda, learned Advocate appearing for petitioner assailing the judgment and degree, submitted before the Court that tenant petitioner having made sufficient deposit of arrears of rent due to be paid as per notice coupled with interest, court fee and expenses, was entitled to statutory benefit provided for under Section 20 (4) of the U.P. Urban Building Control of Letting Rent and eviction Act 1972. She argued that the admitted rate of rent as per the plaint itself was Rs. 80 per month and the amount that was due to be as per claim in the notice was with effect from 01.04.2013 till 12.05.2015 with further two months of June and July,
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.
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.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to eviction.
Sufficient deposits under Section 20(4) allow a tenant to maintain defense against eviction; compliance with procedural requirements of Order 15 Rule 5 can be rectified without voiding statutory prot....
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.
Tenant does not need to offer rental payment before making a deposit under S.7 - C(2) of the Act if there is a bona fide dispute regarding the rightful recipient.
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
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