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Civil Property & InheritanceSupreme Court of India

Shivshankar Gurgar v. Dilip

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 52 of 2014)Decided 3 Jan 2014
Civil Appeal No. 52 of 2014
Justice Ranjana Prakash Desai · Justice J. Chelameswar

Background

A tenant settled an eviction suit by acknowledging rent arrears and costs and agreeing to pay within six months or surrender possession. A Lok Adalat decree incorporated that agreement, but the tenant missed the payment deadline. During enforcement proceedings he paid late, and the executing court treated that payment as sufficient to defeat eviction.

Decision Breakdown

The Supreme Court allowed the landlord's appeal and directed execution of the possession decree. The tenant's acknowledged arrears supplied a statutory eviction ground, so this was not merely an agreement to bypass rent-control protection. Section 13's protection through payment during a suit or appeal did not extend to payment during execution after default had already been adjudicated. The late deposit therefore did not justify rewriting the decree or dismissing the execution application.

Lesson Learnt

A court-approved settlement's payment deadline can have real consequences, especially where default triggers possession. A tenant cannot assume that paying only when eviction is being enforced will revive protection that operated earlier in the lawsuit.

Shivshankar Gurgar v. Dilip – Legal Case Shots | LegalAware