Mohit Lal Das v. Reba Rani Saha

Mohit Lal Das v. Reba Rani Saha

(Supreme Court Of India)

Civil Appeal No. 1399 Of 1991 | 22-03-1991

1. Special leave granted

2. In the course of the hearing of the special leave petition, on February 13, 1991, we had called upon the parties to offer terms of settlement as to the rent. This is an old tenancy where rent was paid at the rate of Rs. 50 a month. Parties have settled their dispute and a new tenancy in agreed to be created with effect from April 1, 1991, with a monthly rent of Rs. 750. Parties are precluded from asking for fixation of a fair rent for the premises in view of their agreement before us. The rent has to be paid within 7th of every subsequent month. Arrears of rent up to March 31, 1991, if not already paid, shall be paid within two months. If there be any arrear rent lying deposited in court the landlord would be permitted to withdraw the same. The appeal is accordingly disposed of.

Advocate List
Bench
  • HON'BLE JUSTICE M. H. KANIA
  • HON'BLE JUSTICE R. N. MISRA (CJI)
  • HON'BLE JUSTICE YOGESHWAR DAYAL
Eq Citations
  • (1994) SUPPL. 1 SCC 467
  • 1995 (2) RCR 58
  • LQ/SC/1991/170
Head Note

Rent Control and Eviction — Settlement of rent — Old tenancy where rent was paid at the rate of Rs. 50 a month — Parties settled their dispute and a new tenancy agreed to be created with effect from April 1, 1991, with a monthly rent of Rs. 750 — Parties precluded from asking for fixation of a fair rent for the premises in view of their agreement before Supreme Court — Rent has to be paid within 7th of every subsequent month — Arrears of rent up to March 31, 1991, if not already paid, shall be paid within two months — If there be any arrear rent lying deposited in court the landlord would be permitted to withdraw the same — Land (Ceiling and Acquisition) Act, 1972 — S. 211