SUKHESH CHAND GUPTA Vs. MADAN LAL
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 4600 of 2017, Judgment Date: Mar 28, 2017
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4600 OF 2017
[ @ SPECIAL LEAVE PETITION (C) NO. 18644 OF 2013 ]
SUKHESH CHAND GUPTA Appellant (s)
VERSUS
MADAN LAL Respondent(s)
WITH
CIVIL APPEAL NO. 4705 OF 2017
[ @ SPECIAL LEAVE PETITION (C) NO. 17178 OF 2013 ]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved since two concurrent findings on default
in payment of rent have been upset by the High Court on a petition filed
under Article 227 of the Constitution of India. It is the case of the
tenant that the defaulted rent had been sent by money order and it is the
landlord, who refused to accept the money order.
3. There is no dispute that the case of money order was not set up
before the trial court or before the first Appellate Court. That was set
up only before the High Court.
4. Even assuming, the High Court could look into such materials at that
stage, it is seen from the money order that the amount sent was Rs. 632/-
in the month of May, 2002 when the rent was only paltry sum of Rs. 24/- per
month.
5. Therefore, this is a case of willful default for all purposes and
hence, the High Court was not justified in reversing the findings. The
impugned Judgment of the High Court is, hence, set aside and the appeals
are allowed.
6. The Judgment and order passed by the Rent Controller and as affirmed
by the appellate authority is restored.
7. At this stage, the learned counsel for the tenant seeks some time to
surrender vacant possession of the premises in question. It is submitted
that the small shop is the only means of livelihood for his family.
8. Having regard to the entire facts and circumstances of the case,
though the prayer is seriously opposed by the landlord, we are of the view
that the equities could be balanced if the respondent-tenant is permitted
to continue in occupation of the premises till the end of month of Diwali
in the year 2018. Ordered accordingly.
9. However, this is subject to the following conditions :-
1) The respondent-tenant shall file a usual undertaking before this
Court within three weeks from today.
2) He shall undertake not to sublet the premises or to change the
business or induct any new partner.
3) The respondent will continue to pay the amount of rent as he is
paying now, as a special case, towards use and occupation charges.
10. It is made clear that in case of any default in abiding by the order,
as above, the respondent-tenant shall be liable for consequences including
the liability for contempt of this Court.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ R. BANUMATHI ]
New Delhi;
March 28, 2017.