Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Eviction of the respondent-tenant was sought by the appellant-landlady on the ground of non-payment of rent:
Held: A perusal of the paperbook shows that notice was issued on 02.01.2014 in the Special Leave Petition – Vide order dated 02.05.2014, leave was granted and a perusal of the same order shows that during the pendency of the appeal the respondent-tenant was directed to pay rent at the rate of ₹4,000/- per month – Legal representative of M, filed an affidavit dated 21.02.2024, in which it has been stated that respondent-tenant has not paid the amount fixed by this Court from March 2017 – In reply to the aforesaid affidavit, no response was filed by the respondent-tenant – In any rent proceeding, the Courts can always take the subsequent facts into consideration, which may be relevant – Here is a case where the respondent-tenant has failed to comply with the interim order passed by this Court regarding payment of rent during the pendency of the appeal before this Court, and hence, is in default – In any proceeding of eviction of tenant on the ground of non-payment of rent, he is not only bound to offer the arrears of rent on account of non-payment of which eviction is sought for but also to pay the future rent regularly, either at the amount agreed between the parties or as fixed by the Court – Even on failure to pay the rent during the pendency of the litigation also the tenant is bound to be evicted – In view of the above, this Court is of the view that the case falls in that category where the respondent-tenant has failed to comply with the order passed by this dated 02.05.2014, directing payment of rent at the rate of ₹4,000/- per month, from March 2017 onwards – Hence, the respondent-tenant, who is now represented through his legal representatives/heirs, is directed to be evicted forthwith. [Paras 7, 8, 9, 10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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