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Satendra Singh v. Vinod Kumar Bhalotia

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) No. 27519 of 2014)Decided 18 Dec 2014
Special Leave Petition (Civil) No. 27519 of 2014
Justice J.S. Khehar · Justice Arun Mishra

Background

A shop tenant remained in possession for over thirty years after an eleven-month tenancy expired. He resisted eviction by disputing the building's age, the need for a termination notice and unpaid rent. The Supreme Court examined those pleas and gave him notice of a proposed order for occupation charges under Article 142.

Decision Breakdown

The Supreme Court dismissed the petition and held the defences lacked bona fides. The agreement itself recorded construction in 1978, making the asserted 1970 date untenable; the fixed tenancy had expired, and the demand draft relied on did not establish discharge of this tenant's rent liability. The Court ordered payment to the landlord of user charges of ₹1,000 per month from 1 July 1982 within two months. Proof of payment and receipt had to be filed within three months, with the case to be relisted for enforcement if the tenant failed to comply.

Lesson Learnt

False factual defences used to prolong occupation can lead to substantial retrospective occupation charges. A tenant should assess the agreement and actual payment evidence carefully before pursuing an eviction challenge.

Official source (sci.gov.in)View Judgment (PDF)

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