Petitioner questioned an order directing him to pay rent arrears, claiming remittance was refused. The Court held that unilateral remittance did not absolve liability and refused writ intervention under Article 227, dismissing the application.
Vacated the direction to pay rent arrears under Article 227 of the Constitution of India.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14858 of 2014
=========================================================== Gauri Shankar Gupta son of Late Sita Ram Sah Resident of Mohalla - Bagtaj Khan @ Pokhara, P.O. & P.S. Hajipur, District - Vaishali
.... .... Petitioner/s
Versus
Ram Mohan Malviya son of Late Ganpati Upadahaya Resident of Mohalla - Bagmani, Anwarpur, P.O. Hajipur, P.S. Hajipur, District - Vaishali
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 22-10-2016
Heard learned counsel for the petitioner.
By the impugned order the learned court below has issued
the direction to the defendant-petitioner in the suit to pay arrears of rent to the plaintiff.
It has been submitted by learned counsel for the petitioner that the rent has already been remitted through money order by the defendant-petitioner but the plaintiff has refused to accept the same.
After considering the submission and perusal of the impugned order, it is evident that the relationship of landlord and tenant between the plaintiff and the defendant has not been denied but the rent has not been received by the plaintiff. In that view of the matter, the fact that the defendant-petitioner remitted the rent through money order
Patna High Court CWJC No.14858 of 2014 dt.22-10-2016
2
could not absolve the liability of the petitioner to pay the arrears of rent as directed by the learned court below. In this backdrop, this Court is not inclined to invoke the jurisdiction under Article 227 of the Constitution of India for interdicting the impugned order.
The present application is, accordingly, dismissed.
(V. Nath, J)
Devendra/-
U
1 issue framed by the court
Whether Article 227 of the Constitution of India should be invoked to interdict the impugned order directing payment of arrears of rent.
1 provisions across 1 enactments
Gauri Shankar Gupta
Ram Mohan Malviya
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
