Man Singh vs Shamim Ahmed (Dead) Thr. Lrs

Court

Supreme Court of India

Date

5 April 2023

Case No.

Civil Appeal No. 1874 of 2015

Result

Dismissed

Bench

Aniruddha Bose, Sudhanshu Dhulia

Citation

[2023] 3 S.C.R. 301 : 2023 INSC 323

Headnote

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: ss.20, 30 – Deposit of rent in court – When – Held: Tenant can only deposit rent in the court, as long as the landlord has refused to accept the rent – Once the landlord expresses his willingness to accept the rent, the tenant has no option but to deposit the rent to the landlord – Section 30 gives an opportunity to the tenant to deposit the admitted rent in Court, but this arrangement lasts only till the landlord expresses his willingness to receive the rent directly – On facts, rent of the premises enhanced to Rs.250/per month, however, further enhancement to Rs.300/- denied by tenant – On refusal of the landlord to receive the rent, the tenant constrained to deposit the monthly rent of Rs. 250/- per month in the court – Thereafter, notice of demand for rent sent by landlord to tenant but rent not deposited to landlord within the stipulated period – Landlord then filed a suit for arrears of rent and eviction before the trial court – Decree of eviction and recovery of rent passed against the tenant holding that the rent was Rs.300/- pm and not Rs. 250/- pm – Finding of lower courts about enhanced rent set aside by High Court as oral agreement between parties not proved, however it upheld the decree of eviction – By serving notice the landlord expressed his willingness to accept the rent, the tenant had no option but to deposit the rent to the landlord – However, this was not been done by the tenant – Thus, the order passed by the High Court is upheld.

Gokaran Singh v. Ist Additional District and Sessions Judge, Hardoi and Ors. 2000 SCC OnLine All 174 –

referred to.

Ajai Agarwal and Ors. v. Har Govind Prasad Singhal and Ors. (2005) 13 SCC 145 : [2005] 5 Suppl. SCR 21 – Distinguished.

The Judgment of the Court was delivered by SUDHANSHU DHULIA, J. 1. This is a tenant’s appeal, arising out of rent and eviction proceedings from a Small Causes Court. The landlord’s suit for eviction was allowed and the tenant’s J.S.C.C. Revision and Writ Petition respectively have been dismissed. Leave was granted by this Court on 11.2.2015 and the impugned order was stayed, subject to certain conditions. 2. The premises in question is a shop situated in Kotla, GangohTown, Nukur-Tehsil, District-Saharanpur, Uttar Pradesh (hereinafter referred to ‘premises’) which was given on rent to the pr

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