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Priya Dutta Misra Vs. Mahendra Kumar and Others - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 982 of 1981
Judge
Reported in1981Supp(1)SCC39
AppellantPriya Dutta Misra
RespondentMahendra Kumar and Others
Excerpt:
- [ r.b. mishra; s. murtaza fazal ali, jj.] -- rent control and eviction — rent — in view of agreement between the parties, appeal disposed of in terms of order made by the court in regard to payment of rent by the tenant — practice and procedure -- the landlord agrees to accept the offer of the tenant and to accept the rent and interest paid by him or deposited before the rent controller along with the arrears up-to-date if the rent and interest is paid to him within four weeks from today. the rent may be paid personally to the landlord or if the landlord refuses to accept the rent or is not available the same maybe deposited before the rent controller after giving notice to the landlord of the aforesaid deposit......rent between the parties i.e. rs 300, after setting-off the amounts already paid. the rent may be paid personally to the landlord or if the landlord refuses to accept the rent or is not available the same maybe deposited before the rent controller after giving notice to the landlord of the aforesaid deposit. in such a case the landlord would be entitled to withdraw the rent deposited by the tenant.2. in the event of any unexplained default in payment of rent or interest within the period mentioned above, the appeal shall stand allowed and the decree of the trial court for ejectment will stand restored. it will be open to the parties, however, to apply for directions in the nature of clarification, if any, within the time allowed for payment of the rent (four weeks).3. the appeal is.....
Judgment:

S. MURTAZA FAZAL ALI, J.

1. We have heard counsel for the parties. The parties are now agreed that the appeal may be disposed of in the following terms:

(1) That the tenant agrees that the rent with effect from April 1, 1976 would be deemed to be Rs 300 per month.

(2) The landlord agrees to accept the offer of the tenant and to accept the rent and interest paid by him or deposited before the Rent Controller along with the arrears up-to-date if the rent and interest is paid to him within four weeks from today.

(3) That the tenant shall pay the entire rent and interest from April 1, 1976 up to April 1, 1981 within a month from today at the aforesaid agreed rent between the parties i.e. Rs 300, after setting-off the amounts already paid. The rent may be paid personally to the landlord or if the landlord refuses to accept the rent or is not available the same maybe deposited before the Rent Controller after giving notice to the landlord of the aforesaid deposit. In such a case the landlord would be entitled to withdraw the rent deposited by the tenant.

2. In the event of any unexplained default in payment of rent or interest within the period mentioned above, the appeal shall stand allowed and the decree of the trial court for ejectment will stand restored. It will be open to the parties, however, to apply for directions in the nature of clarification, if any, within the time allowed for payment of the rent (four weeks).

3. The appeal is disposed of accordingly.


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