Tenant will not be considered wilful defaulter

When tenant will not be treated as willful defaulter?

Having considered the rival submissions, we are in agreement with the view taken by the High Court that the evidence on record leaves no manner of doubt that after receipt of notice from the appellant, the respondent-tenant immediately rushed to the Rent Controller and took permission to deposit the amount towards rent of the suit shop.Further,in terms of the liberty given by the Rent Controller the respondent-tenant deposited the amount towards rent of the suit shop before the Rent Controller. That option was resorted to by the respondent-tenant because of dispute relating to ownership of the suit shop. The High Court justly adverted to the dictum in the case of Kannan vs. Tamil Tahlir Kalvi Kazhagam (1998) 5 SCC 21

– where, in similar situation, the tenant deposited the rent in Court which was considered as a valid deposit. The fact remains that the amount towards arrears of rent was deposited by the respondent-tenant

in the Court of Rent Controller on 15th April, 1988 and 25th April, 1988 before institution of the eviction application; and intimation in that behalf was given to the landlord. The respondent-tenant continued to periodically deposit the rent amount in Court thereafter. Further, the appellant in his evidence has admitted of having withdrawn the rent amount till Diwali 2003. This finding of fact recorded by the District Court and affirmed by the High Court, being concurrent finding of fact, need no interference. As a necessary corollary, it must follow that the respondent-tenant was not a defaulter much less willful defaulter. Thus, the ground of default on which eviction of the respondent-tenant was prayed is untenable.

 

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2606/2013

Baburao s/o Narayanrao Terkar

V

Pokhardas s/o Bhanumal Khatnani

Dated:August 16, 2016

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2 Comments

  • Deepak D says:

    Deputy Registrar has appointed “Administrative Office” for our co-op. housing society. Recently, Administrative Officer gave work to change old electrical meter board in meter room. He has neither called quotations nor informed society members costing of the said work. The agency, who got the work, has not done work properly & correctly.The 40 meters are not connected properly to concern flat. For example – electric meter of Flat number 1 is connected to Flat number 5, electric meter of Flat number 5 is connected to Flat number 10. Like this, all the electrical meters are connected to wrong Flats, resulting in wrong electricity uses bills. Before checking correctness, the Administrative Officer has made payments to said agency.

    As such heavy electricity users are getting electricity bills of small amounts whereas short electricity users are getting bills of high amounts.

    Please advice, to whom should we make complaint against Administrative Office for misuse of his power.

    Whether a tenant (who is not a Flat Owner) can make a complaint to Deputy Registrar against Administrative Officer?

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  • JOHN RODRIGUES says:

    The Official Liquidator has filed a suit in Delhi Court against the Licensee company.

    The Licensee company was a tenant under Leave & Licence Agreement who had abandoned the property in July 2016. As the security deposit was available, the rent and other dues were adjusted upto January 2017 and possession taken vide Notice sent to the Licensee in October 2016 informing about adjusting the rent etc. But in May 2017 we came to know about the Suit by the Official Liquidator that the Liquidator has filed a suit in October 2016.

    Can we adjust rent and exhaust it or can rent only be adjusted till October 2016 when the suit was filed. We are not a party to the suit, neither were we informed about the suit by the Official Liquidator nor the Licensee

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