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HIGH COURT OF JUDICATURE AT ALLAHABAD
OGENDRA KUMAR SRIVASTAVA
Ram Dulari – Appellant
Versus
Harshit Yadav – Respondent
| Table of Content |
|---|
| 1. tenancy terms and eviction proceedings (Para 3 , 4 , 5 , 6) |
| 2. interpretation of section 30, u.p. act no. 13 of 1972 (Para 10 , 11 , 14) |
| 3. deposit requirements during litigation (Para 18 , 20 , 21) |
| 4. limitations of invoking section 30 during pending suits (Para 22 , 24 , 25) |
| 5. dismissal of the petition for lack of merit (Para 26 , 27) |
JUDGMENT
1. Heard Ms. Akanksha Mishra, learned counsel for the petitioners.
3. Brief facts of the case are that the petitioners claim to be tenants in the premises in question since long, where a tailoring shop is being run as a source of livelihood. It is stated that rent was being regularly paid and after the death of the original tenant, the petitioners continued in possession and allegedly tendered rent to the respondent–landlord, who had purchased the property in the year 2010. It is further asserted that the landlord subsequently refused to accept rent, whereafter a money order dated 19.07.2021 was sent, which was not accepted. Consequently, the petitioners instituted proceedings under Section 30 (1) of the U.P. Act No. 13 of 1972 by filing an application, registered as Misc.Case No. 194 of 2021, seeking permission to deposit rent
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.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to 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.
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....
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.
Compliance with statutory requirements for rent deposit is mandatory for tenants to avoid eviction under the Uttar Pradesh Urban Building 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.
Mandatory compliance with rent deposit requirements under the West Bengal Premises Tenancy Act is essential to avoid eviction for non-payment; the court cannot extend time unless a timely application....
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