VidhiSangh

Supreme Court of India · 05/04/2023

MAN SINGH versus SHAMIM AHMED (DEAD) THR. LRS

[2023] 3 S.C.R. 301 · 2023 INSC 323

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Summary

A Saharanpur shop tenant began depositing the admitted rent of Rs. 250 per month in court under Section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after the landlord refused it in 1993. The landlord then served a notice of demand dated 5 April 1995 claiming an enhanced rate and, on non-payment, obtained a decree of eviction. The Allahabad High Court rejected the enhanced rent for want of proof but upheld eviction because the tenant kept depositing in court after the notice. The Supreme Court dismissed the appeal: the right to deposit in court under Section 30(1) lasts only until the landlord signifies in writing his willingness to accept rent; a notice of demand is such a signification, after which the tenant must tender at least the admitted rent to the landlord.

Issues

  1. Whether a tenant who has been depositing rent in court under Section 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 may continue to do so after the landlord serves a notice of demand, even one claiming rent at a higher rate than admitted.

Provisions considered

Held

Result

Tenant's appeal dismissed; Allahabad High Court judgment dated 17.02.2012 upholding the eviction decree affirmed; all interim orders vacated.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 301.