Supreme Court · 2005 INSC 470 · Decided 3 October 2005
Gaya Prasad Kar v. Subrata Kumar Banerjee
- Court
- Supreme Court of India
- Citation
- 2005 INSC 470 · [2005] SUPP. 3 S.C.R. 891
- Case number
- CIVIL APPEAL No. 3178/2005
- Decided
- 3 October 2005
- Bench
- AR. LAKSHMANAN, ALTAMAS KABIR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 5
Headnote
B Tenancy-West Bengal Premises Tenancy Act, 1956-Sections 17(2), 17(2A), 4, 13 & 39-Default in payment of rent-Not made out injacts and circumstances of the case-Default, if any, too technical-Only on account of initial refusal of the landlord, the tenant was compelled to tender rent for C the of the Act empowers the Court to extend time for deposit of rent arrears, application filed by tenant under S.5 of the Limitation Act for condonation of delay in initial tendering of rent was appropriate- Limitation Act, 1963-Section 5. D The appellant-tenant allegedly failed to pay monthly rent
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