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
- 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.
- 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.
- Whether the High Court could dismiss the landlord's revision on the ground that reappraisal of evidence is impermissible in revisional jurisdiction.
Provisions considered
- Section 20(2)(a), Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972A suit for eviction lies where the tenant is in arrears of rent for not less than four months and fails to pay within one month of service of notice of demand. Applied to the tenant's defaults. (¶¶ 13, 14)
- Section 20(4), Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972Relief against eviction requires unconditional payment or deposit at the first hearing of the entire rent, damages for use and occupation, 9% interest and costs. The tenant did not show such deposit or regular payment thereafter. (¶¶ 13, 15, 21, 26)
- Section 30(1), Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972Permits deposit of rent in Court where the landlord refuses it and continued deposit for later periods. Read as requiring regular deposit; irregular and lump-sum deposits did not meet it. (¶¶ 14, 15, 21, 26)
- Sections 3(a) and 7, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972Definition of tenant and the tenant's liability to pay water and house tax to the landlord in addition to rent, noted in assessing the tenant's arrears of rent and tax. (¶ 13)
Held
- Under Section 20(2)(a) read with Sections 20(4) and 30, protection against eviction is lost unless due rent, damages for occupation and 9% interest are paid or deposited as required; besides arrears of four months, failure to deposit rent regularly during the proceedings can found a decree of eviction. (¶¶ 13, 14, 22)
- The receipts relied on by the Trial Court did not establish payment of the rent demanded by the notice or regular deposit after the suit was filed, so they did not discharge the tenant's burden or shift the onus to the landlord. (¶ 15)
- The tenant's own affidavit showed repeated delayed and lump-sum deposits of rent over several years, establishing default; a one-time deposit of arrears of rent and tax after this Court's orders does not absolve the tenant of the consequences of non-payment or delayed payment. (¶¶ 19, 20, 21, 22, 26)
- Following Gian Devi Anand v. Jeevan Kumar, a contractual tenancy for a fixed term that continues after expiry becomes a statutory tenancy under the Rent Act; the landlord's suit was maintainable, and consecutive monthly defaults can ground eviction. (¶¶ 23, 25)
- Revisional jurisdiction in rent eviction matters partakes of appellate jurisdiction; the High Court was bound to examine the material and the justifiability of the findings and could not dismiss the revision merely by citing the limited scope of revision. (¶ 24)
- The concurrent findings dismissing the suit were perverse and ignored the intent of Sections 20 and 30 of the U.P. Rent Act. (¶ 26)
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.