MEERA DEVI (D) THR. LR. versus DINESH CHANDRA JOSHI (D) THR. LRS.

Citation: [2024] 9 S.C.R. 677 · Decided: 19-09-2024 · Supreme Court of India · Bench: J.K. MAHESHWARI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2024] 9 S.C.R. 677 : 2024 INSC 725
Meera Devi (D) Thr. Lr. 
v. 
Dinesh Chandra Joshi (D) Thr. Lrs.
(Civil Appeal No. 5577 of 2014)
19 September 2024
[J.K. Maheshwari and Rajesh Bindal,* JJ.]
Issue for Consideration
When the case falls in the category where the respondent-tenant 
has failed to comply with the order passed by the Supreme Court 
directing payment of rent.
Headnotes†
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent 
and Eviction) Act, 1972 – Eviction of the respondent-tenant 
was sought by the appellant-landlady on the ground of  
non-payment of rent:
Held: A perusal of the paperbook shows that notice was issued 
on 02.01.2014 in the Special Leave Petition – Vide order dated 
02.05.2014, leave was granted and a perusal of the same order 
shows that during the pendency of the appeal the respondent-tenant 
was directed to pay rent at the rate of ₹4,000/- per month – Legal 
representative of M, filed an affidavit dated 21.02.2024, in which it 
has been stated that respondent-tenant has not paid the amount 
fixed by this Court from March 2017 – In reply to the aforesaid 
affidavit, no response was filed by the respondent-tenant – In any 
rent proceeding, the Courts can always take the subsequent facts 
into consideration, which may be relevant – Here is a case where 
the respondent-tenant has failed to comply with the interim order 
passed by this Court regarding payment of rent during the pendency 
of the appeal before this Court, and hence, is in default – In any 
proceeding of eviction of tenant on the ground of non-payment of 
rent, he is not only bound to offer the arrears of rent on account 
of non-payment of which eviction is sought for but also to pay the 
future rent regularly, either at the amount agreed between the 
parties or as fixed by the Court – Even on failure to pay the rent 
during the pendency of the litigation also the tenant is bound to 
be evicted – In view of the above, this Court is of the view that 
* Author
678
[2024] 9 S.C.R.
Digital Supreme Court Reports
the case falls in that category where the respondent-tenant has 
failed to comply with the order passed by this dated 02.05.2014, 
directing payment of rent at the rate of ₹4,000/- per month, from 
March 2017 onwards – Hence, the respondent-tenant, who is now 
represented through his legal representatives/heirs, is directed to 
be evicted forthwith. [Paras 7, 8, 9, 10]
List of Acts
Transfer of Property Act, 1882; The Uttar Pradesh Urban Buildings 
(Regulation of Letting, Rent and Eviction) Act, 1972.
List of Keywords
Eviction; Rent; Default in payment of rent; Rent proceeding; Eviction 
of tenant; Non-payment of rent; Arrears of rent.
Case Arising From
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5577 of 2014
From the Judgment and Order dated 29.03.2012 of the High Court 
of Judicature at Allahabad in CMWP No. 30694 of 2006
Appearances for Parties
Praveen Swarup, Ameet Siingh, Ms. Pareena Swarup, Ravi Kumar, 
Ms. Archana Sharma, Govind Kumar Seth, Devesh Maurya,  
Ms. Payal Swarup, Advs. for the Appellant.
Judgment / Order of the Supreme Court
Judgment
Rajesh Bindal, J.
1.	
The landlady is in appeal before this Court impugning the judgment 
of the High Court1 passed in Writ Petition2 filed by the respondent-
tenant. The challenge in the Writ Petition was against the common 
judgment dated 12.05.2006 passed by Additional District Judge, 
Jhansi in SCC Revision No. 40 of 2003 and SCC Revision 
1	
High Court of Judicature at Allahabad
2	
Writ – A No. 30694 of 2006
[2024] 9 S.C.R. 
679
Meera Devi (D) Thr. Lr. v. 
Dinesh Chandra Joshi (D) Thr. Lrs.
No. 47 of 2003, filed by the respondent-tenant and appellant-landlady, 
respectively.
2.	
As is evident from a perusal of the orders passed in the case in 
hand, eviction of the respondent-tenant was sought by the appellant-
landlady on the ground of non-payment of rent. The Eviction Suit3 
was filed by the appellant-landlady claiming that she is the owner 
of the House No. 129 situated at Laxmi Gate, Jhansi where the 
respondent-tenant, now represented through legal representatives, 
was inducted as a tenant on monthly rent of ₹5.26. The allegation was 
that the respondent-tenant had not paid the rent since 14.09.1991. The 
appellant-landlady got the notice4 under Section 106 of the Transfer 
of Property Act, 1882 served on respondent-tenant on 15.11.1997 
but no rent was paid till 15.12.1997. It was at this stage that the 
suit for recovery of arrears of rent and eviction
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