VidhiSangh

Supreme Court of India · 05/04/2018

NONIHAL SINGH versus MAYA DEVI

[2018] 5 S.C.R. 551 · 2018 INSC 308

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Summary

The Supreme Court set aside refusal to extend time or condone delayed rent deposits and ordered restoration of the tenant’s possession within one week. The High Court had overlooked substantial arrears paid in execution, accepted by the landlady in full satisfaction, and the later mesne-profit deposit. The consent order permitting occupation until 30 April 2019 governed the parties rather than inconsistent earlier Tribunal directions. Continuing payment remained mandatory, and subsequent default could be pursued by the landlady.

Issues

  1. Whether refusal to condone delayed deposits overlooked material payments and defeated substantial justice.
  2. Whether earlier Tribunal directions or the later High Court consent order governed the payment obligations.
  3. What relief followed after the landlady had obtained possession.

Held

Result

Appeals allowed; refusal orders of 15 January and 27 February 2018 set aside and possession to be restored within one week, subject to continuing mesne-profit payments and the landlady’s remedies for subsequent default.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 551.