VidhiSangh

Supreme Court of India · 25/09/2024

PRAKASH BHALOTIA (D) THR HIS LRS versus INDRA CHANDRA GOYAL (D) THRU. LRS

[2024] 9 S.C.R. 988

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Summary

The Supreme Court decreed a landlord's eviction suit under the U.P. Rent Act, 1972 on the ground of non-payment of rent, holding that the tenant had defaulted in regular monthly payment during the pendency of the suit, revision and appeal, that a lump-sum deposit made under the Court's orders did not cure the default, and that the High Court wrongly declined to examine the material on the ground of limited revisional jurisdiction.

Issues

  1. Whether the tenant was entitled to protection against eviction under Section 20(4) of the U.P. Rent Act, having regard to his deposits of rent under Sections 20 and 30.
  2. Whether default in regular payment of rent during the pendency of eviction proceedings is a ground for eviction, and whether a later one-time deposit cures it.
  3. Whether the High Court could dismiss the landlord's revision on the ground that reappraisal of evidence is impermissible in revisional jurisdiction.

Provisions considered

Held

Result

Appeal allowed; the Trial Court and High Court orders set aside and the eviction suit decreed for non-payment of rent; the tenants given time to vacate until 31.03.2025 on paying due rent and arrears within one month, continuing monthly rent, creating no third-party rights and filing an undertaking before the Registrar of the Allahabad High Court within nine weeks.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 988.