Supreme Court · 1990 INSC 18 · Decided 25 January 1990

Dutta Cycle Stores & ORS. v. SMT. Gita Devi Sultania & ORS.

Court
Supreme Court of India
Citation
1990 INSC 18 · [1990] 1 S.C.R. 152
Case number
CIVIL APPEAL No. 652/1982
Decided
25 January 1990
Bench
K. JAGANNATHA SHETTY, T.K. THOMMEN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 136

Headnote

Bihar Buildings ( Ledse, Rent and Eviction) Control Act, 1947: S. 11( l)(d)-Tenant-Eviction of on grounds of wilful default-Held on facts that no reason seen to suspect rent remained in arrears. The appellant-defendants fell in arrears of rent for the months of February and May to August 1974 for their eviction under s. ll(l)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on the gronnds of default. Decreeing the suit, the trial court found that.rent for the said five months had not been paid. The decree was affirmed by the appel- late court in part, that is, in

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