In Brief
A landlord sought to evict a tenant for non-payment of rent under the Assam Urban Areas Rent Control Act, 1972. The tenant argued he had tendered rent within the statutory fortnight but it was refused, and later deposited the amount with the trial court. He also claimed protection as a 'protected tenant' under the Assam Non-Agricultural Urban Areas Tenancy Act, 1955. The Supreme Court held that the tenant's deposit was made beyond the statutory fortnight, thus failing to qualify for protection under Section 5(4). The Court also rejected the 'protected tenant' argument, as the second proviso to Section 5(1)(a) of the 1955 Act specifically excludes such protection when eviction is sought on grounds of non-payment of rent. The appeal was allowed and the tenant was directed to vacate by 31 December 2017.
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