Supreme Court · 1980 INSC 49 · Decided 21 March 1980
Pradesh Kumar Bajpai v. Binod Behari Sarkar
- Court
- Supreme Court of India
- Citation
- 1980 INSC 49 · [1980] 3 S.C.R. 93
- Case number
- CIVIL APPEAL No. 1235/1970
- Decided
- 21 March 1980
- Bench
- S. MURTAZA FAZAL ALI, P.S. KAILASAM, A.D. KOSHAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 114; Rent Control Act
Headnote
Double Protection-Once the requirements of Rent Act are satisfied, the tenant cannot claim the double protection of invoking the provisions of the Transfer of Property Act or the terms of the contract-Section 114 of the Trans­ fer of Property Act, (Act 4 of 1882) and section 3 of the U.P. filed a suit for eviction of the respondent tenant and for arrears of rent and mesne profits. Though no specific plea of re1 ief against forfeiture for non-payment of rent under section 114 of the Transfer <>f Property Act was taken in the pleadings, during the. course of the arguments,
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