Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Tenant can't deposit rent in court if landlord willing to accept it directly – Supreme Court

07 May 2024 8:19 AM

By: Admin


On 5 April 2023, Supreme Court , in a recent Judgement MAN SINGH Vs SHAMIM AHMAD (DEAD) THR. LRS, has held that once a landlord expresses willingness to accept rent directly, a tenant can no longer deposit rent in court. The judgment was delivered by a bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia. The case pertained to the dispute between a landlord and tenant over the rate of rent. The landlord had filed a suit for eviction against the tenant after the latter failed to pay rent at the enhanced rate demanded by the former.

The Allahabad High Court had earlier set aside the findings of the trial court and the sessions court on the enhanced rent. It held that there was no evidence before the trial court of any 'oral agreement' set up by the landlord, which provided for a periodical increase of rent from Rs. 250/- per month to Rs. 275/- per month, and then to Rs. 300/- per month, and so on. Since the so-called oral agreement between the parties was not proved, it would be deemed that the correct rent between the parties was Rs. 250/- per month, which was being paid by the tenant in the court under Section 30 of the Act.

The Supreme Court upheld the findings of the Allahabad High Court and further elaborated on the legal position post notice dated 05.04.1995. Section 30 of the Act provides that the deposit may be made in the court on refusal of the rent by the landlord, but this position only lasts till the landlord expresses his willingness to receive the rent. This willingness to receive the rent has to be seen in his notice dated 05.04.1995 received on 10.05.1995, by the tenant. The High Court held that once the notice of demand was sent to the tenant by the landlord on 05.04.1995 (received by the appellant on 10.04.1995), demanding a rent at the enhanced rate, then the tenant had no option but to deposit the rent before the landlord, as against depositing it in the court.

The court also observed that the Full Bench decision of Gokaran Singh v. Ist Additional District and Sessions Judge, Hardoi and Ors. held that if the landlord had earlier been refusing to accept rent at the correct rate and had been claiming rent at higher rate and the tenant had as a consequence of landlords earlier refusal in the past, deposited the rent in court under Section 30 and thereafter, landlord serves a formal notice of demand again at a higher rate, then the tenant after receipt of notice is under an obligation to tender the rent at least at the rate admitted to him to the landlord and has got no right to straight away deposit the same under Section 30(1) of the Act.

In conclusion, the court held that once the landlord expresses willingness to accept the rent directly, the tenant has no option but to deposit the rent to the landlord and not in the court. The appeal was therefore dismissed.

5 April 2023,

MAN SINGH Vs SHAMIM AHMAD (DEAD) THR.

 

Latest Legal News