Dismissed

Shorab Kaplash v. Jony Kumar

Punjab & Haryana HC22 Jan 2013CR/4049/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana held that a short tender of rent due to calculation error does not justify eviction without giving the tenant an opportunity to make good the difference. The petitioner's eviction petition was dismissed, and the tenant was ordered to pay the outstanding balance via notice.

What did the court decide?

Eviction petition dismissed; landlord directed to serve notice on tenant to pay remaining difference within one month.

Shorab Kaplash Vs Jony Kumar — Landlord and Tenant | Punjab & Haryana HC (2013)

¶1

CR No.4049 of 2012(O&M)

¶2

[1]

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CR No.4049 of 2012(O&M) Date of Decision: 22.01.2013

¶5

Shorab Kaplash son of Sh. Varinder Kaplash, resident of Bhikhi Maur, Nabha, District Patiala.

¶6

... Petitioner

¶7

Versus

¶8

Jony Kumar son of Sh. Goverdan Dass, resident of Mohalla Repudamanpura, Nabha, District Patiala.

¶9

... Respondent

¶10

CORAM: HON'BLE MR. JUSTICE K. KANNAN

¶11

Present:Mr. Arun Abrol, Advocate,

¶12

for the petitioner.

¶13

¶14

1.Whether reporters of local papers may be allowed to see the judgment? NO

¶15

2.To be referred to the reporters or not? NO

¶16

3.Whether the judgment should be reported in the digest? NO

¶17

K. KANNAN, J. (Oral)

¶18

The civil revision is at the instance of the landlord who has a grievance that the petition for eviction ought to have been ordered in his favour for all the reasoning adopted by the Rent Controller that the tenant had been guilty of short tender. The appellate Court reversed the decision and found that the demand of rent for a period from April 2005 to August 2005 @ 2,100/- per month and for a period from September 2005 to May 2006 @ 2,205/- per month which worked out to 30,345/-. Adding 300/- towards cost and 1,160/- towards interest, the total amount was 32,770/- while the tenant had

¶19

CR No.4049 of 2012(O&M)

¶20

[2]

¶21

tendered an amount of 31,700/- only. The counsel would argue that the tenant had not taken a defence disputing the quantum of rent payable and so long as there was no dispute with reference to the actual rent payable, any tender which was short ought to result in order of eviction. I would find this to be a narrow understanding of the provision, for, in this case, the tender or rent which the tenant had made was by working out the entire amount payable @ 2,000/- per month and not providing for an escalation of 5% after the first year. When the Court was making a calculation of additional amount of 5% after the period of first year, it was a case where a Court was bound to have given an opportunity to make good the short tender.

¶22

The learned counsel argues that the tenant had committed a short tender by making a wrong calculation and that is good enough reason for ordering eviction. An error in calculation ought not to result of order of eviction. If there was a shortfall, the same ought to be directed to be paid before the time that the Court might stipulate. Even if, the finding of the Appellate Court was erroneous in making again a wrong calculation and even if I were to accept the contention of the landlord that there had been a short tender to the tune of `1,070/-, I will direct the landlord to serve a notice on the tenant citing this order for making the said payment, which

¶23

CR No.4049 of 2012(O&M)

¶24

[3]

¶25

shall be a period of one month from the date of receipt of the notice.

¶26

The order of dismissal of the eviction petition is maintained. Even while modifying the order, I have dispensed with notice to the respondent since I have directed notice to the respondent calling for the payment of the amount stipulated. The respondent is at liberty to apply to this Court for review, if the petitioner is shown to be guilty of any suppression of fact in securing this order.

¶27

22^nd January, 2013 Rajan

¶28

( K. KANNAN ) JUDGE

Shorab Kaplash v. Jony Kumar

Case brief

What is this about?

What did the court decide?

Shorab Kaplash v. Jony Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gurdev Singh Vs Union of India and Others

Bal Kishan Garodia Vs M/S East India Fabrics Mfg Co. Ltd. & Ors.

Anuradha Tuteja Vs Lalit Tuteja

(O&M)Ram Kumar Soni Vs Raj Kumar

M/S Tara Feed Ltd. Vs Commissioner of Central Excise Chd-Ii and Anr.

Rakesh Kumar Jain Vs Sita Ram Gupta and Ors.