ASHOK KUMAR Vs. RISHI RAM
LAWS(SC)-2002-7-70
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
July 08,2002
ASHOK KUMAR
Appellant
VERSUS
RISHI RAM
Respondents
Referred Judgements :-
SIRAJ AHMAD SIDDIQUI VS. PREM NATH KAPOOR [REFERRED]ADVAITA NAND VS. JUDGE SMALL CAUSE COURT MEERUT [REFERRED]
SUDERSHAN DEVI VS. SUSHILA DEVI [REFERRED]
Cited Judgements :-
MUKESH KUMAR SURI VS. RAJENDRA KUMAR [LAWS(ALL)-2003-3-195] [REFERRED TO]KRISHNA KUMAR GUPTA VS. XIVTH A D J [LAWS(ALL)-2004-9-38] [REFERRED TO]
KALIKA PRASAD VS. MOHAN LAL [LAWS(ALL)-2008-4-186] [REFERRED TO]
UDNAPUR CO OPERATIVE HANDLOOM WEAVERS SOCIETY VS. SPECIAL ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2009-5-104] [REFERRED TO]
GIRISH GOEL ALIAS POORAN VS. RADHA RAMAN SINHA [LAWS(ALL)-2009-7-73] [REFERRED TO]
K AFSARUNNISA BEGUM VS. K ANASUYA [LAWS(APH)-2006-3-184] [REFERRED TO]
JAI RAM DASS VS. IIND A D J JHANSI [LAWS(ALL)-2004-8-176] [REFERRED TO]
JHANJHI RAM VS. IVTH A D J KANPUR [LAWS(ALL)-2005-12-224] [REFERRED TO]
MOHD YUSUF VS. SHAFIQUR REHMAN KHAN [LAWS(ALL)-2009-5-759] [REFERRED TO]
JEAN MARE DANIEL BISCH VS. LARCHER ANTONIE MARIE JULES DESIRE [LAWS(MAD)-2011-3-675] [REFERRED TO]
SATYA NARAIN TIWARI VS. PT. NEELKANTH TRUST [LAWS(ALL)-2012-7-324] [REFERRED TO]
MELA RAM VS. ARUN KUMAR AGRAWAL [LAWS(ALL)-2014-2-256] [REFERRED TO]
LAL BAHADUR VS. ADDL. DISTT. JUDGE [LAWS(ALL)-2014-1-322] [REFERRED TO]
AWADH BIHARI TRIPATHI VS. SHANTI DEVI SHUKLA [LAWS(ALL)-2014-11-40] [REFERRED TO]
AJAI AGARWAL VS. HAR GOVIND PRASAD SINGHAL [LAWS(SC)-2005-11-42] [REFERRED TO]
RAM KRISHNA SINGH VS. THAKURJI SHIVJI [LAWS(SC)-2010-10-20] [REFERRED TO]
SHEKHAR BAHUGUNA VS. SURESH CHANDRA KAPOOR [LAWS(ALL)-2010-9-23] [REFERRED TO]
CHITRANJAN SINGH VS. SAMARPAL SINGH [LAWS(ALL)-2011-12-70] [REFERRED TO]
S.RAVIS VS. JUDGE SMALL CAUSE COURTS [LAWS(ALL)-2012-11-93] [REFERRED TO]
MAHESH CHANDRA VS. ASHWANI KUMAR [LAWS(ALL)-2013-1-138] [REFERRED TO]
MANOHAR LAL VS. SANTOSH KAPOOR [LAWS(ALL)-2013-5-172] [REFERRED TO]
OM PRAKASH VS. ANIL KUMAR [LAWS(ALL)-2012-10-220] [REFERRED TO]
SAADAT ALI VS. J.S.C.C., MORADABAD AND OTHERS [LAWS(ALL)-2006-3-334] [REFERRED TO]
KARAN SINGH VS. IIIRD ADDITIONAL DISTRICT JUDGE, MEERUT AND ANOTHER [LAWS(ALL)-2005-9-397] [REFERRED TO]
GAJRAJ SINGH SAXENA TRUST LKO VS. DISTRICT JUDGE LUCKNOW [LAWS(ALL)-2016-7-140] [REFERRED]
SIYARAM CHAUHAN ALIAS SURENDRA SINGH VS. BACHAN SINGH [LAWS(UTN)-2017-5-2] [REFERRED TO]
MANOJ ALIAS RINKU AND ANOTHER VS. JAY PRAKASH AND 6 OTHERS [LAWS(ALL)-2017-12-97] [REFERRED TO]
SMT. KALAWATI VS. DEEN DAYAL SHARMA [LAWS(ALL)-2017-8-165] [REFERRED TO]
MOHD. SALIM @ KALLU VS. DR. LIYAKAT HUSAIN [LAWS(ALL)-2017-8-227] [REFERRED TO]
VASUDEV VS. SUDEEP KUMAR JAIN [LAWS(ALL)-2018-11-202] [REFERRED TO]
JUDGEMENT
Syed Shah Mohammed Quadri, J. -
(1.)Leave is granted.
(2.)This appeal is from the judgment and order of the High Court of Judicature at Allahabad in CMWP No. 10594 of 1985 made on August 3, 2001.
(3.)A summary of facts leading to filing of this appeal may be noted to appreciate the controversy in this appeal. The dispute arises under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'the U. P. Act'). The appellants and the 3rd respondent are legal representatives of the tenant late Jai Prakash who died after institution of the suit (hereinafter referred to as the 'tenant') and Respondents 1 and 2 are the landlords (hereinafter referred to as the 'landlords') of Shop No. 279, Main Bazar, Ward No. 9, Murad Nagar consisting of four chambers out of which two were covered with roof and two at the back without roof and saiban (for short, 'the suit building'). They purchased it from late Gopi Chand, the previous landlord. The suit building was let out to the said Jai Prakash on a monthly rent of Rs. 37.50. Alleging that the rent for the months of May, June and July, 1976 was not paid, the landlords sent a notice of demand for arrears of rent on March 30, 1977. In 1979, they filed the suit, out of which this appeal arises, against the said Jai Prakash for recovery of arrears of rent and damages for the period from May 27, 1976 to February 22, 1978 and his ejectment from the suit building in the Small Cause Court, Ghaziabad. After service of summons the suit was adjourned to May 20, 1980 for final disposal. On that day the tenant sought time for filing written statement so the suit was adjourned to July 25, 1980 when time was, however, extended for filing written statement and the suit was posted for final disposal on October 10, 1980. The hearing of the suit was not taken up on that date as the Presiding Officer was on judicial training but the tenant deposited the entire amount in demand. Eventually, the suit was again adjourned to December 5, 1980. The tenant contested the suit alleging that the landlords refused to receive the rent and pleaded that as he had deposited the arrears of rent at the first hearing of the suit, in view of the provisions of S. 20(4) of the U.P. Act, the suit has to be dismissed.
(2.)This appeal is from the judgment and order of the High Court of Judicature at Allahabad in CMWP No. 10594 of 1985 made on August 3, 2001.
(3.)A summary of facts leading to filing of this appeal may be noted to appreciate the controversy in this appeal. The dispute arises under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'the U. P. Act'). The appellants and the 3rd respondent are legal representatives of the tenant late Jai Prakash who died after institution of the suit (hereinafter referred to as the 'tenant') and Respondents 1 and 2 are the landlords (hereinafter referred to as the 'landlords') of Shop No. 279, Main Bazar, Ward No. 9, Murad Nagar consisting of four chambers out of which two were covered with roof and two at the back without roof and saiban (for short, 'the suit building'). They purchased it from late Gopi Chand, the previous landlord. The suit building was let out to the said Jai Prakash on a monthly rent of Rs. 37.50. Alleging that the rent for the months of May, June and July, 1976 was not paid, the landlords sent a notice of demand for arrears of rent on March 30, 1977. In 1979, they filed the suit, out of which this appeal arises, against the said Jai Prakash for recovery of arrears of rent and damages for the period from May 27, 1976 to February 22, 1978 and his ejectment from the suit building in the Small Cause Court, Ghaziabad. After service of summons the suit was adjourned to May 20, 1980 for final disposal. On that day the tenant sought time for filing written statement so the suit was adjourned to July 25, 1980 when time was, however, extended for filing written statement and the suit was posted for final disposal on October 10, 1980. The hearing of the suit was not taken up on that date as the Presiding Officer was on judicial training but the tenant deposited the entire amount in demand. Eventually, the suit was again adjourned to December 5, 1980. The tenant contested the suit alleging that the landlords refused to receive the rent and pleaded that as he had deposited the arrears of rent at the first hearing of the suit, in view of the provisions of S. 20(4) of the U.P. Act, the suit has to be dismissed.
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