Case Note & Summary
The dispute arose from a suit for eviction filed by the landlord against the tenant for non-payment of rent. The landlord claimed the rent was Rs.70 per month, while the tenant contended it was Rs.40, with an additional Rs.30 for furniture. The trial court dismissed the eviction suit, determining the rent was Rs.40, but the revisional court later reversed this decision, leading to further appeals. The tenant argued that the landlord's claim of a furnished house was not previously asserted and contradicted the pleadings. The Supreme Court found that the landlord had not claimed a furnished tenancy at any stage, and the receipts provided by the tenant clearly indicated the rent structure. The court emphasized that the landlord could not introduce a new argument that was not part of the original pleadings. Ultimately, the Supreme Court allowed the tenant's appeal, restoring the trial court's decision and dismissing the landlord's suit, with no costs awarded.
Headnote
A) Tenancy Law - Eviction for Rent Arrears - New Plea of Furnished House - U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972, Sections 3(i), 20(2)(a) - The landlord's claim of a furnished tenancy was impermissible as it contradicted earlier pleadings. The court held that the landlord could not raise this new plea at a later stage, as it was not part of the original suit or subsequent proceedings (Paras 758-760).
Issue of Consideration
Whether the landlord could raise a new plea that the tenancy was for a furnished house after the initial pleadings.
Final Decision
The Supreme Court allowed the tenant's appeal, restored the trial court's judgment, and dismissed the landlord's suit, with no order as to costs.
Law Points
- Eviction
- Rent Arrears
- Tenancy Agreement
- Furnished House
- Pleadings
Case Details
1989 LawText (SC) (02) 58
Civil Appeal No. 912 of 1989
Kuldip Singh, K.J. Shetty, A.M. Ahmadi
1989 SCR (1) 756, 1989 SCC (2) 112, JT 1989 (1) 356, 1989 SCALE (1) 455
Yogeshwar Prasad, Mrs. Shobha Dikshit, Satish Chandra, Madan Lokur
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Nature of Litigation
Eviction suit filed by landlord against tenant for non-payment of rent.
Remedy Sought
Landlord sought eviction of tenant for alleged rent arrears.
Filing Reason
Tenant allegedly failed to pay rent and electricity charges.
Previous Decisions
Trial court dismissed the eviction suit; revisional court reversed this decision.
Issues
Whether the landlord could raise a new plea regarding furnished tenancy.
Determination of the correct rent amount.
Submissions/Arguments
Tenant argued that the rent was Rs.40 and Rs.30 was for furniture, which was returned.
Landlord contended that the tenancy was for a furnished house and non-payment of furniture rent constituted arrears.
Ratio Decidendi
The landlord could not introduce a new plea regarding furnished tenancy that contradicted earlier pleadings, and the trial court's findings based on the receipts were upheld.
Judgment Excerpts
It was never the case of the respondent at any stage that furnished house was given on rent to the appellant.
In the face of clear admission by the respondent in the two receipts, the finding of the Revisional Court that the monthly rent was Rs.70 is erroneous.
Procedural History
The landlord filed a suit for eviction in the Small Causes Court, which was dismissed. The landlord's revision was allowed by the Additional District Judge, but the High Court quashed this order and remanded the case. The revisional court later allowed the revision again, leading to further appeals.
Acts & Sections
- U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972: 3(i), 20(2)(a)
