Supreme Court · 1989 INSC 141 · Decided 26 April 1989
Modern Hotel, Gudur Represented BY M.N. Narayanan v. K. Radhakrishnaiah & ORS.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 141 · [1989] 2 S.C.R. 725
- Case number
- CIVIL APPEAL No. 4108/1982
- Decided
- 26 April 1989
- Bench
- RANGANATH MISRA, M.N. VENKATACHALIAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 34; Transfer of Property Act
Headnote
A B Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960: s. 7-Advance rent refundable at the expiry of lease­ Stipulation-V alidity of-A mount whether adjustable-Tenant whether a defaulter. C The proviso to s. 7(2)(a) of the Andhra Pradesh Buildings (Lease, Reut aud Eviction) exceeding one month's rent by way of advance, clause (b) thereto makes any such sum refundable or at the option of the tenant otherwise adjust- D able, and sub-s. (3) declares the stipulation for payment of rent in advance beyond that of one month as null and void. _,~ The appellant-tenant took
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