Need to know more about Subject Category: Rent Matter - Arrears of rent

Querist : Anonymous (Querist) 24 January 2011 This query is : Resolved
Hello Sir,

We have rented a shop for Rs. 2500 per month.
As the tenant sub let the rented shop due to financial crisis. We have filed the case under Transfer of property act as UP Act 13 of 1972 is not applicable.
Now there is no sub tenant after the case.

We won the case from High court saying that the UP Act 13 of 1972 is not applicable and tenancy at will is applicable on that shop. HC has given the time till 31st Dec'10 to the tenant to vacate the shop.

Now tenant has applied for appeal in Supreme court under Subject category: Rent Act Matters - Arrears of rent.

SP court has passed an interim order status as quo just to hold the eviction till the next hearing i.e. 3rd Fabuary'11.

Just wanted to know more about this category and what he can ask for, in that category.....Also as the rent 2500 of that shop is from last 5 yrs and in High Court order it is mentioned that they sublet the shop due to Financial crisis. Is there any chances that he can get anything from SP court.

Looking forward to your advice???

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Advocate. Arunagiri (Expert) 24 January 2011
If the order of the High court is only for eviction, The supreme court will stay the eviction, and will set aside the order of the high court, if the tenant pays the rent arrears if any.

If the order of the High court is for deposit of rent arrears, the Supreme Court will grant stay only on deposit of the money (at least 50%) ordered by the High Court.

Querist : Anonymous (Querist) 25 January 2011
The tenant do the wrong act by subletting the shop to some one else and still the Supreme court will set aside the order of High Court........Also the tenancy at will is applicable as the shop didn't comes under rent control act..........I just wanted to know "Is it still possible for the tenant to get the order in his favour??"
Plz suggest....

H. S. Thukral (Expert) 31 January 2011
The law question before the SC would be whether the UP Rent Control Act is applicable or not. If the Tenancy was covered under TPA Act and a valid notice of termination of lease had been served then there is little possibility of reversion. Sub-letting without the consent of landlord is a aground when eviction can be petitioned in rent control act and in TPA if it is in breach of covenant of lease which usually is there.

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