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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Consequence of Discontinuing Rent Deposit - If the tenant fails to deposit the monthly rent during the pendency of a suit, the defense of the tenant can be struck off, leading to eviction or adverse legal consequences ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"]. The law mandates that throughout the continuation of the suit, the tenant must regularly deposit the due rent within a specified period (usually within a week of its accrual) to maintain their defense ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"], ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"], ["Shakuntala Soni VS Devendra Kumar Rawat - Allahabad"].
Legal Requirement for Deposit - The tenant is obliged to deposit the admitted monthly rent, arrears, or the amount determined by the court, failing which their defense may be dismissed ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"], ["Raish Hasan @ Babu VS Addl. Dist. Judge Court No. 1 Lko - Allahabad"], ["Om Prakash Agarwal VS Bijay Singh Dugar - Calcutta"], ["Gulab Chand VS Raghuvirnath - Rajasthan"]. Even if the tenant disputes the amount, they must deposit the amount they admit to be due within the prescribed time ["Shakuntala Soni VS Devendra Kumar Rawat - Allahabad"], ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"].
Implication of Default - Default in depositing the rent, whether in arrears or current dues, results in the loss of legal protections and may lead to eviction proceedings ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"]. Courts have consistently held that non-deposit of rent throughout the suit's duration can result in the tenant's defense being struck off, thus facilitating eviction ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"], ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"].
Exceptions and Specific Circumstances - If the landlord refuses to accept lawful tender of rent, the tenant may deposit the rent with the Rent Controller, and failure to do so without valid reason can be deemed default ["Kamlesh Kumar VS Sardar Manjeet Singh - Allahabad"]. Also, deposit made in prior proceedings or through legal channels does not always exempt the tenant from continuous deposit obligations during the ongoing suit ["Sakhubai Baburao Kadam since deceased through her legal heirs- Shri. Shivaji Baburao Kadam VS Sudhakar Sambhaji Kadam (Deceased) (No legal heirs) - Bombay"].
Legal Consequences Summarized - Overall, discontinuing the deposit of monthly rent during litigation leads to the automatic forfeiture of the tenant's right to defend the eviction suit, often resulting in eviction orders ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"], ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"], ["Gulab Chand VS Raghuvirnath - Rajasthan"]. Courts emphasize the importance of timely, regular deposits to uphold the tenant’s defense and legal standing ["Shakuntala Soni VS Devendra Kumar Rawat - Allahabad"].
Analysis and Conclusion:Failure to deposit monthly rent during the pendency of a suit constitutes a legal default that can severely impact the tenant’s defense. Courts have repeatedly emphasized that consistent and timely deposit of rent, including arrears and current dues, is mandatory for the tenant to maintain their right to contest eviction proceedings. Non-compliance typically results in the defense being struck off and facilitates eviction, underscoring the importance of adhering to deposit obligations throughout the litigation process ["Jagdish Prasad Gupta VS Sudha Mehra - Allahabad"], ["Surya Publishers, Prop. Nemai Gorai vs Subir Paul - Calcutta"].
In the complex world of landlord-tenant disputes in India, timely rent payment is not just a contractual obligation but a statutory safeguard. Imagine this: an eviction suit is underway, and the tenant suddenly stops depositing the monthly rent into the court. What are the repercussions? This question—consequence if tenant discontinued to deposit monthly rent in suit—is critical for both tenants facing eviction and landlords seeking remedies.
Under various Rent Control Acts and procedural laws like the Code of Civil Procedure (CPC), failing to deposit rent can lead to severe outcomes, including the court striking out the tenant's defense. This article breaks down the legal framework, consequences, exceptions, and practical advice based on judicial precedents. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
In eviction proceedings, tenants are typically required to deposit arrears and ongoing monthly rent to maintain their defense. This stems from provisions in state-specific Rent Control Acts and Order XV Rule 5 of the CPC.
As one ruling states: the defendant must comply with the provisions of Order XV Rule 5 of the C.P.C. and pay the admitted rent at the first hearing and the monthly amount due throughout the suit. Bhure Khan Warsi VS Mohd Israr - 2023 Supreme(All) 1639
Failure to adhere invites judicial intervention.
The primary fallout is the court's power to strike out the tenant's defense, allowing the eviction to proceed unopposed. This is not automatic but often the result without justification.
In Tamil Nadu Buildings (Lease and Rent Control) Act cases, absence of sufficient cause for non-deposit directly results in eviction. Sankaran Pillai VS V. P. Venguduswami - 1999 6 Supreme 415
Similar strictness applies under the West Bengal Premises Tenancy Act, 1997. Tenants must deposit arrears at the last paid rate under Section 7(1)(a) to secure protection. Indrajit Chakraborty vs Tapan Paul - 2025 Supreme(Cal) 234
Courts may spare tenants if they prove sufficient cause—genuine, bona fide reasons beyond control, like illness or fund access issues. Mere negligence doesn't qualify.
Judges evaluate on a case-by-case basis. For instance, under Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(5) is directory, allowing time extensions for equity if attempts to pay are shown (e.g., money order receipts). Murlidhar VS Mukand Ram - 1992 Supreme(Raj) 604
Courts hold discretion to extend deposit timelines, but it's limited.
However, under the same Act's Section 7(2), applications for instalments fail without raising rent disputes, depositing admitted arrears with interest, and seeking determination. Aatish Das VS Mst. Fatema Begam Mollah - 2023 Supreme(Cal) 810
In Bombay Rents Act cases, partial deposits don't suffice; full rent is mandatory under Section 12(3). Laxman S/o. Ghulji Upadhye VS Vijay Bhojraj Khachne - 2022 Supreme(Bom) 1587
Indian courts consistently enforce compliance:
These cases underscore: Deposit where and how the court mandates.
While strict, exceptions exist:- Genuine delays with proof (e.g., prior good-faith deposits). Kameshwar Singh Srivastava VS Iv Additional District Judge, Lucknow - 1986 0 Supreme(SC) 457- Fact-specific sufficient cause. Shyamcharan Sharma VS Dharamdas - 1979 0 Supreme(SC) 513- No instalments without statutory backing or preconditions. Aatish Das VS Mst. Fatema Begam Mollah - 2023 Supreme(Cal) 810
For Tenants:- Deposit promptly; document everything.- Seek extensions early with evidence of sufficient cause.- Comply even if disputing rent amount—pay admitted portion.
For Landlords:- Monitor court deposits closely.- Apply to strike defense on default.- Pursue security if deposits lag.
Courts: Exercise discretion judiciously, balancing equity.
Tenants, don't risk it—stay current. Landlords, leverage defaults judiciously. For tailored advice, reach out to a legal expert familiar with your state's Rent Control Act.
References:- Baldev Sahai Bangia VS R. C. Bhasin - 1982 0 Supreme(SC) 104, Sankaran Pillai VS V. P. Venguduswami - 1999 6 Supreme 415, Shyamcharan Sharma VS Dharamdas - 1979 0 Supreme(SC) 513, Kameshwar Singh Srivastava VS Iv Additional District Judge, Lucknow - 1986 0 Supreme(SC) 457, Bhure Khan Warsi VS Mohd Israr - 2023 Supreme(All) 1639, Bilwapada Manna VS Sukanta Das - 2022 Supreme(Cal) 1318, Aatish Das VS Mst. Fatema Begam Mollah - 2023 Supreme(Cal) 810, Indrajit Chakraborty vs Tapan Paul - 2025 Supreme(Cal) 234, Laxman S/o. Ghulji Upadhye VS Vijay Bhojraj Khachne - 2022 Supreme(Bom) 1587, Panaru Lal VS Ganpati Jha - 2015 Supreme(All) 3729, Ramzan VS Shyam Lal - 2000 Supreme(Raj) 1202, Murlidhar VS Mukand Ram - 1992 Supreme(Raj) 604, Ranu Wd/O Sudhir Ghosh VS Rai Bahadur Bhootnath Dey And Ors. - 1998 Supreme(MP) 972, Ranu Ghosh VS Rai Bahadur Bhootnath Dey Cheritable Trust - 1998 Supreme(MP) 969
#TenantRights #EvictionLaws #RentControlIndia
In the facts of the case in hand, it is undisputed that the tenant failed to deposit the monthly rent in the Court where the suit was pending. ... due before the first hearing of the suit, but so far as monthly deposit of rent is concerned, the same cannot be adjusted. ... In the aforesaid judgment, the Court has taken a firm view that while depositing the amount on or before the first hearing of the suit, #HL_....
Thus, the law not only permits extension of time by the court to deposit the rent which was not paid, but also gives an opportunity to the tenant to seek an extension to deposit the unpaid monthly rent. If such payment is made, the defence cannot be struck off. 7. ... The opening word of sub-section (1) i.e., „on a suit being instituted by the landlord for eviction‟ makes it clear that in case the tenant defaults in payment of rent ....
The tenant is further required to deposit the regular rent as prescribed in Section 7(1)(c) . ... The opening word of sub-section (1) i.e., ‘on a suit being instituted by the landlord for eviction’ makes it clear that in case the tenant defaults in payment of rent and the suit is brought as specified in the WBPT Act, then on deposit/payment of admitted rent, an opportunity ought to be provided to ... Thereafter, Section 7(1)(c) put....
has to, throughout the continuation of the suit, regularly deposit monthly amount due within a week from the date of its accrual. ... to deposit the due amount of rent. ... Herein, the defendant-respondent has not only omitted to deposit the rent on the first date of the hearing but, has also omitted to deposit the accrued rent during the pendency of the suit. 13. ... Thus, in a case where the defendant denies the ....
rent, permit the tenant to deposit or pay such sum in such instalments and by such dates as the Court may fix. ... It has been held that the scheme of sec. 17 clearly shows whereas suit is filed for eviction on the ground of non-payment of rent, it is incumbent upon the tenant to deposit the rent in arrears either within one month from the date of the service of writ of summons or where the tenant appears in the ... On perusal of th....
The petitioners contended that they were monthly tenants in respect of the shop room at a monthly rent of Rs. 1700/-, payable according to English calendar. The petitioners wanted to deposit the said rent of Rs. 1700/-per month from the month of September 2022. ... When a tenant can get the benefit of protection against eviction. – (2) If in any suit or proceeding referred to in sub-section (1) there is any dispute as to the amount of rent payable b....
the suit, deposit the entire amount admitted by him to be due together with interest thereon and where he admits any amount to be due he shall throughout the continuance of the suit regularly deposit the monthly amount due. ... Upon filing of the suit the revisionist herein denied that he was a tenant and thus he stated that no rent is due to be paid by him. 18. ... , deposit the entire amount admitted by him to be due together wit....
Before the Act of 1997, which came into effect from July 10, 2001, The West Bengal premises Tenancy Act, 1956 was applicable for deciding a suit for eviction of monthly premises tenant. ... In view of above application filed under section 151 of the code of Civil Procedure by the tenant/defendant seeking condonation of delay in making deposit of the monthly rent before the court below is misconceived. ... The petitioners case in brief is that petitioners herein filed ....
Section 21 of the 1997 Act, deals with deposit of rent by the tenant with the Controller where the landlord does not accept the rent tendered by the tenant. Section 21(5) lays down that the tenant shall also produce for scrutiny by the Controller the last rent receipt. ... (2)If in any [suit] referred to in sub-section (1), there is any dispute as to the amount of the rent payable by the tenant, the tena....
Yawalkar would further contend that the tenant clearly gave admissions that the monthly rent payable of the suit property was Rs.75/-, whereas notice sent by money order as well as money deposited in the application for fixation of standard rent is @ Rs.40/- per month. ... The trial Court has recorded in para nos.12 and 13 of its judgment that the tenant admitted in his cross-examination that since the year 1984-85, the landlords started charging monthly ren....
The courts below have recorded a finding of fact in this regard which learned counsel for the petitioner has failed to demonstrate to be vitiated on any count. In the facts of the case in hand, it is undisputed that the tenant failed to deposit the monthly rent in the Court where the suit was pending. Even if, the amount towards rent was being deposited by the tenant under Section 30 of Act No. 13 of 1972, though, not defaulting, still the petitioner was under an obligation to deposit the monthly rent due before the Court where the suit was pending, the amount so deposited ....
Second CategoryIn the second category of cases where though the sole ground for eviction is default in payment of rent but there are other matters in dispute between the parties, which do not come to an end upon determination and payment of rent under S. 13(3) of the Act and thus provisional determination of rent has to be decided finally at a later stage and in such a situation the suit has to continue even after the deposit of rent determined under S. 13(3) of the Act. The above ruling can be divided in two categories :First CategoryThe first category is when on the determination of the re....
If advised, the tenant may deposit all the arrears and may continue to deposit the monthly rent. 9. It is however observed that a defendant who is enjoying the possession of the property should not use the pendency of the suit as an handle to defeat the rights of the landlord who otherwise is entitled to receive the rent. If it is not done the landlord shall be free to move an application before the trial Court that the tenants be directed to furnish security to the satisfaction of the trial Court for due performance of the decree which may ultimately be passed against the ....
If advised, the tenant may deposit all the arrears and may continue to deposit the monthly rent. If it is not done the landlord shall be free to move an application before the trial Court that the tenants• be directed to furnish security to the satisfaction of the trial Court for due performance of the decree which may ultimately be passed against the tenants. 8. It is however observed that a defendant who is enjoying the possession of the property should not use the pendency of the suit as an handle to defeat the rights of the landord who otherwise is entitled to receive t....
In that event, the tenant is not required to deposit the rent month by month, but, if the tenant seeks to deposit the rent under section 13(3) then he shall have to deposit the rent month by month for the extended period before the suit is finally disposed under section 13(6) of the Act of 1950. Ordinarily, if the tenant deposits the arrears of rent with interest, the Court has simply to dismiss the suit for eviction. It is, therefore, clear that ordinarily, the learned trial court ought to have disposed of the suit immediately after the tenant had made deposit of arrears o....
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