Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Tripura Buildings (Lease and Rent Control) Act, 1975

Tuesday, May 09, 2006
Tripura Buildings (Lease and Rent Control) Act, 1975

Tripura Buildings (Lease and Rent Control) Act, 1975 — Section 20 and Section 13 — Whether an appeal preferred under Section 20 of the Tripura Buildings (Lease and Rent Controller) Act, 1975 without the payment to the landlord or deposit with the Apellate Court all arrears of rent admitted by the tenant to be due is not maintainable and is liable to be rejected on that ground alone ? — Held, no — On a conjoint reading of all the provisions of the Act and giving a fair and reasonable interpretation thereto an appeal under Section 20 of the Act may be filed or presented without payment to the landlord or deposit with the Apellate authority all arrears of rent admitted by the tenant to be due and it cannot be held to be incompetent — However, it will be open to the Appellate Authority not to proceed with the hearing of appeal or to pass any interim order in favour of the appellant-tenant until he has paid or deposited all arrears of rent admitted by him to be due, and for such purposes the Apellate Authority shall have all the powers under Sub-sections (2) and (3) of Section 13 of the Act.

 
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