Deciding Authority: The Supreme Court of India
Name of the Judges: R.C. LAHOTI & B.N. AGRAWAL
Date of Judgement: 17/04/2002
Facts:
The landlord/respondent filed a suit for eviction of the tenant-appellant on the ground available under clause (a) of Sub-Section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (hereinafter the “Act”, for short). Though the eviction was sought for on other grounds as well but this is the only ground on which eviction has been ordered by the High Court, and therefore, the Court shall confine ourselves to the question of availability of this ground for eviction.
Judgement:
Every tenant is obliged to pay or tender rent to the landlord within 15 days of the month to which the rent relates. The purpose of advance rent is to protect the landlord from the unscrupulous tenant who may run into arrears and vacate the premises and comfortably walk away with arrears. The advance rent is available for adjustment or is liable to be refunded at the time of vacating of the premises except where the law or the contract between the parties provides to the contrary. It is not the case of the tenant that the contract between the parties provides for adjustment of rent no sooner it fell into arrears from out of the amount of advance rent. In short, the tenant-appellant was not absolved of his obligation to pay the rent due month by month in spite of an amount of advance rent being available with the landlord. The High Court has rightly discarded the submission made on behalf of the tenant-appellant that the landlord while serving the notice of demand on the tenant should have himself allowed an adjustment of the amount of the advance rent against the arrears and should have confined his demand only to such amount in arrears as exceeded the amount of advance rent or should have waited till the amount of rent in arrears had accumulated to exceed the amount of advance rent. In spite of the landlord having the amount of advance rent available with him the tenant is bound to pay or tender the amount of rent falling due month by month on the date on which it is payable as per law or contract. For the foregoing reasons, the Court is of the opinion that no fault can be found with the finding arrived at by the High Court that the tenant was in arrears and the ground for eviction under Section 21(l)(a) of the Act was made out.
Decision:
The appeal is dismissed.
Sudipta Bhowmick, 4th Year, KIIT School of Law.
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