Supreme Court · 1989 INSC 276 · Decided 12 September 1989

Rakapalli Raja Rama Gopala Rao v. Naragani Govinda Sehararao & ANR.

Court
Supreme Court of India
Citation
1989 INSC 276 · [1989] SUPP. 1 S.C.R. 115
Case number
CIVIL APPEAL No. 3812/1989
Decided
12 September 1989
Bench
K. JAGANNATHA SHETTY, A.M. AHMADI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

B A .P. Buildings (Lease, Rent & Eviction) Control Act, 1960: Sec­ tion 10(2)-Tenant-Eviction-On ground of 'wilful default'-To be shown default was intentional, deliberate, calculated and conscious with full knowledge, of its consequences. Non-payment of rent by tenant under bona fide oral agreement pursuant to which he paid earnest money-Whether 'wilful'. Words and Pharases: 'Wilful'-Me~ning of. The respondents purchased the demised premises by a registered sale-deed dated 7th December, 1977 for Rs. 70,000. The appellant was in actual possession of a part of the premises as a

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