Mohit Lal Das Vs. Reba Rani Saha - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/667356 |
| Subject | Tenancy |
| Court | Supreme Court of India |
| Decided On | Mar-22-1991 |
| Case Number | Civil Appeal No. 1399 of 1991 |
| Judge | Ranganath Misra, C.J.,; M.H. Kania and; Yogeshwar Dayal, JJ. |
| Reported in | 1994Supp(1)SCC467 |
| Appellant | Mohit Lal Das |
| Respondent | Reba Rani Saha |
| Disposition | Appeal Disposed |
Excerpt:
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[ ranganath misra, c.j.,; m.h. kania and; yogeshwar dayal, jj.] -- rent control and eviction — rent — fair rent — settlement — parties settling their dispute by revising rent — held, thereby parties precluded from asking for fair rent for the premises -- parties have settled their dispute and a new tenancy is agreed to be created with effect from april 1, 1991, with a monthly rent of rs 750. arrears of rent up to march 31, 1991, if not already paid, shall be paid within two months......lying deposited in court the landlord would be permitted to withdraw the same. the appeal is accordingly disposed.....
Judgment:Ranganath Misra, C.J.,; M.H. Kania and; Yogeshwar Dayal, JJ.
1. Special leave granted.
2. In the course of the hearing of the special leave petition, on February 13, 1991, we had called upon the parties to offer terms of settlement as to the rent. This is an old tenancy where rent was paid at the rate of Rs 50 a month. Parties have settled their dispute and a new tenancy is agreed to be created with effect from April 1, 1991, with a monthly rent of Rs 750. Parties are precluded from asking for fixation of a fair rent for the premises in view of their agreement before us. The rent has to be paid within 7th of every subsequent month. Arrears of rent up to March 31, 1991, if not already paid, shall be paid within two months. If there be any arrear rent lying deposited in court the landlord would be permitted to withdraw the same. The appeal is accordingly disposed of.