Supreme Court · 1998 INSC 94 · Decided 13 February 1998
K.A. Ramesh and ORS. v. SMT. Susheela Bai and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 94 · [1998] 1 S.C.R. 892
- Case number
- CIVIL APPEAL No. 826/1998
- Decided
- 13 February 1998
- Bench
- S.B. MAJMUDAR, S.P. KURDUKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960: C Section 10(2)(i)-Proviso-Section I I-Applicability of Rent-Wilful default in payment of -Decree passed for-Validity a/­ Arrears of rent-Tenant's grievance that receipts not issued for rent paid­ Telegram sent by tenant draft for the entire arrears-Draft sent before ,._ filing of eviction petition-Accepted and realised by landlord during the eviction proceedings-Held there was no default in payment of rent much less wilfal default-Eviction proceedings became infructuous and liable to be dismissed. E Rent-Failure
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