30 April 2020

Third party objector to execution of eviction decree, shall pay the arrears and rent to the landlord

objector-to-pay-rent

   Eviction Suit - Decreed in favour of Landlord - Execution proceeding - Third party, who has been a witness in the original suit, obstructed execution under order 21 Rule 97 of C.P.C. - Such obstruction pertition dismissed - Appeal - Judgment Debtor Tenant directed to pay the compensation or mesne profits as a condition-precedent for staying the decree of eviction, the Tenant remained unresponsive.




   Can under this situation the obstructor  be directed to pay arrears and rent to the landlord?

Held: Yes.

   The Obstructor has pleaded that he had been paying the rent to the tenant. But the fact remains that the tenant has defaulted in paying rent to the Owner. At least, until the High Court decides the eviction proceedings that is the judicial finding. When this Court wanted the tenant to pay the compensation or mesne profits as a condition-precedent for staying the decree of eviction, the Tenant remained unresponsive. That has paved the way for eviction proceedings. In this situation, the Obstructor cannot be heard saying that he has no obligation to pay rent to the Owner, for he cannot have the cake and eat it, too.[Para No.69]


Bombay High Court

Udyavara R. Acharya
Vs.
Jugal Kishore Sharda

Decided on 27/04/2020


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