Case Note & Summary
The dispute arose from an eviction petition filed by the landlady against the tenants, who were brothers renting a shop. The landlady sought eviction on grounds of non-payment of rent from October 1995 until December 1995. The tenants contested the eviction, arguing that the son of one of the tenants had paid the arrears of rent, which the landlady accepted without prejudice. The Rent Controller initially ruled in favor of the tenants, but the Appellate Authority reversed this decision, stating that the payment by the son could not be considered a valid tender on behalf of the tenant. The High Court dismissed the tenants' revision against the Appellate Authority's order. The Supreme Court, upon appeal, examined the relevant provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973, particularly Section 13(2), which outlines the conditions under which a landlord can seek eviction for non-payment of rent. The court referenced previous judgments to clarify that a tender made by a family member of the tenant is valid if made without inconsistent claims. The court ultimately restored the Rent Controller's decision, dismissing the eviction petition and allowing the appeal without costs.
Headnote
A) Rent Control - Tenant Protection - Validity of Rent Tender - Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2) - The court held that a rent tender made by a family member of the tenant, without any inconsistent claim, is valid under the first proviso of Section 13(2) of the Act. The court restored the Rent Controller's order dismissing the eviction petition, emphasizing that the tender was made on behalf of the tenant (Paras 1-3).
Issue of Consideration
Whether the first appellant, a tenant, can avail protection of the first proviso to Section 13(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 on payment of the arrears of rent by the third appellant, his son.
Final Decision
The Supreme Court allowed the appeal, restored the Rent Controller's order dismissing the eviction petition, and made no order as to costs.
Law Points
- Tenant protection
- Rent tender validity
- Eviction proceedings
- Family member payment
- Haryana Urban Rent Act
