VidhiSangh

Supreme Court of India · 08/12/2021

MAHESH KUMAR AGARWAL (DEAD) BY LRS versus NARESH CHANDRA & ORS.

[2021] 9 S.C.R. 668 · 2021 INSC 843

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Summary

The Court restored an eviction order because the tenants waived objection to an allegedly defective six-month notice. They had not raised the point in their reply, written statement or statutory appeal and invoked it only in writ proceedings. Although the Court doubted the earlier ruling concerning a thirty-day demand followed by an application after six months, judicial discipline prevented deciding on that contrary view. For the exclusively non-residential premises, eviction was made subject to Rs 30,000 compensation to the tenants.

Issues

  1. Whether the tenants waived the statutory notice objection by contesting eviction without raising it until writ proceedings.
  2. Whether statutory compensation was required for exclusively non-residential premises.

Provisions considered

Held

Result

Appeal allowed without costs; High Court order set aside and eviction order restored subject to Rs 30,000 compensation. Landlords to deposit that amount before the appropriate court within one month, under the direction for payment within two months; tenants may withdraw it.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 668.