Case Note & Summary
The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house property in Pune. The landlords filed Civil Suit No. 613 of 1985 seeking possession on the ground of default in payment of rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act). The tenant had been in arrears since 1 August 1971, and the landlords issued a notice dated 7 January 1985 demanding arrears of Rs. 563.60 after adjusting deposits made in court. The tenant did not pay the demanded amount within one month. The Trial Court dismissed the suit, holding that the landlords failed to prove default under Section 12(2). The landlords appealed, and the Appellate Court reversed the decision, decreeing eviction under Section 12(3)(b). The tenant filed a writ petition challenging the Appellate Court's decree. The High Court examined the evidence and found that the tenant had deposited rent in court on three occasions in 1983 and 1984, but without intimation to the landlords. The Court held that such deposits do not constitute payment to the landlord and that the tenant's failure to pay the rent demanded within one month of the notice constituted default under Section 12(3)(b). The Court also rejected the tenant's argument that filing an application for fixation of standard rent provided protection, as the tenant did not dispute the quantum of rent demanded. The High Court dismissed the petition, upholding the eviction decree.
Headnote
A) Rent Control - Eviction on Ground of Default - Section 12(3)(b) Bombay Rent Act, 1947 - Tenant's deposit of rent in court without intimation to landlord does not constitute valid payment - The Appellate Court correctly held that mere deposit of rent in court, without notice to the landlord, cannot be treated as payment of rent to the landlord for the purpose of defeating a suit for eviction on the ground of default. The tenant's failure to pay or tender the rent demanded within one month of the notice resulted in forfeiture of protection under Section 12(3)(b). (Paras 10-14) B) Rent Control - Standard Rent - Application for Fixation - Section 12(3)(a) Bombay Rent Act, 1947 - Filing of application for fixation of standard rent does not automatically protect tenant from eviction if rent demanded is not disputed - The tenant filed a fresh application for fixation of standard rent after the previous fixation at Rs. 8.60/-. However, the tenant did not dispute the quantum of rent demanded in the notice. The Appellate Court held that the tenant was not entitled to protection under Explanation I of Section 12 as the tenant failed to pay or deposit the rent as required. (Paras 15-16) C) Rent Control - Notice of Demand - Validity - Section 12(2) Bombay Rent Act, 1947 - Notice demanding arrears of rent for more than six months is valid if tenant fails to pay within one month - The tenant argued that the notice was invalid because the arrears exceeded six months. The Court held that the notice is valid under Section 12(2) and the tenant's failure to pay within one month of the notice attracts Section 12(3)(b). The tenant's deposit of rent in court prior to the notice did not cure the default. (Paras 10-14)
Issue of Consideration
Whether the Appellate Court was justified in decreeing eviction on ground of default in payment of rent under Section 12(3)(b) of the Bombay Rent Act, 1947, and whether the tenant's deposit of rent in court and filing of application for fixation of standard rent absolved her of default.
Final Decision
The High Court dismissed the writ petition, upholding the Appellate Court's decree dated 20 January 1996, which directed the tenant to hand over possession of the suit premises to the landlords within six months.
Law Points
- Default in payment of rent
- Section 12(3)(b) Bombay Rent Act
- deposit of rent in court not equivalent to payment to landlord
- requirement of intimation to landlord
- filing of application for fixation of standard rent does not automatically protect tenant from eviction
- notice demanding rent need not be preceded by six months arrears if tenant fails to pay within one month of notice
