Premchand Ranka Vs. A. Vasanthraj Khatod and ors. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/658766 |
| Subject | Tenancy |
| Court | Supreme Court of India |
| Decided On | Mar-27-1991 |
| Case Number | Civil Appeal No. 1367 of 1991 |
| Judge | K. Jagannatha Shetty Shetty; P.B. Sawant, JJ. |
| Reported in | (1992)1SCC369 |
| Appellant | Premchand Ranka |
| Respondent | A. Vasanthraj Khatod and ors. |
| Disposition | Appeal Allowed |
Excerpt:
.....of rent — default in payment of rent — wilful defaulter — payment of arrears made in lump sum by tenant and accepted by landlord — practice in vogue for long time — in the circumstances held, tenant not a wilful defaulter — but tenant directed to pay all the arrears if any, up-to-date within a month and to pay rent henceforth regularly month by month - supreme court rules, 1966, order. 41 -- it is true that all the courts have held that the appellant is a wilful defaulter although he has paid the arrears in lump sum. we also direct that the appellant-tenant shall pay all the arrears, if any, up-to-date within a month from today and also pay the rent hereafterwards regularly month by month. the appellant however, shall pay the costs of the respondent..........technical.3. we, therefore, set aside the eviction order. we also direct that the appellant-tenant shall pay all the arrears, if any, up-to-date within a month from today and also pay the rent hereafterwards regularly month by month. the appellant however, shall pay the costs of the respondent which we estimate at rs 3000.4. the appeal is allowed accordingly.
Judgment:K. Jagannatha Shetty Shetty; P.B. Sawant, JJ.
1. Special leave granted.
2. It is true that all the courts have held that the appellant is a wilful defaulter although he has paid the arrears in lump sum. But the fact remains that the payment made in lump sum has been accepted by the landlord and this method of payment went on for quite a long time. In the circumstances, we do not think that there is wilful default on the part of the tenant. The finding of the courts below seems to be too technical.
3. We, therefore, set aside the eviction order. We also direct that the appellant-tenant shall pay all the arrears, if any, up-to-date within a month from today and also pay the rent hereafterwards regularly month by month. The appellant however, shall pay the costs of the respondent which we estimate at Rs 3000.
4. The appeal is allowed accordingly.