VidhiSangh

Supreme Court of India · 29/01/2019

HARBANS KAUR versus IQBAL SINGH & ANR.

[2019] 2 S.C.R. 535 · 2019 INSC 107

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Summary

A tenant could not use the Rajasthan Rent Control Act, 2001 to retrospectively recompute and reduce the agreed rent being paid when the Act commenced. The landlord demanded that existing rent, without adding the contract’s further 10% annual increase. Partial payment based on the tenant’s lower calculation did not clear the arrears demanded by notice or avoid default. The eviction order was restored.

Issues

  1. Whether the tenant could unilaterally reduce the existing agreed rent by applying the statutory revision formula from inception of tenancy.
  2. Whether partial payment leaving less than four months’ rent unpaid after notice avoided eviction.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and order set aside and Rent Tribunal’s eviction order restored.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 535.