AIR 1980 SUPREME COURT 1709 ::(1981) 83 Pun LR 1 ::(1980) CurLJ(CCR) 496

Supreme Court Of India

(From : (1979) 2 Rent LR 695 Punnj and Har)

Hon'ble Judge(s): Y. V. Chandrachud, S. Murtaza Fazal Ali, D. A. Desai , JJJ

(A) Punjab Relief of Indebtedness Act (7 of 1934) , S.31— Scope - Deposit of arrears of rent in court under Section 31 - Amounts to deposit under Punjab Rent Act to the credit of landlord - Tenant entitled to protection under Proviso to Section 13 (2) of the E. P. Urban Rent Restriction Act (3 of 1949). (1979) 2 Rent LR 695 (Punj and Har), Reversed.AIR 1969 SC 1273 Overruled. East Punjab Urban Rent Restriction Act (3 of 1949) , S.13(2), S.6, S.19— Under Section 31 any person who owes money is entitled to deposit in court the money owed either in full or in part in the name of his creditor. It is manifest, therefore, that this provision would apply even to a tenant who owes money to his landlord by way of rent due and he can also enjoy the facility provided by Section 31 of the Indebtedness Act. Thus where a tenant has deposited arrears of rent due to him in court under Section 31 of the Punjab Relief of Indebtedness Act (7 of 1934), even prior to filing of eviction petition, he is entitled to protection under the proviso to Section 13 (2) of the E.P. Urban Rent Restriction Act (3 of 1949). (1979) 2 Rent LR 695 (Punj and Har) Reversed; AIR 1969 SC 1273, Overruled. From the plain and unambiguous language of Section 31 it cannot be spelt out that the Act applies only to a particular type of debtors and creditors between whom there ....