Supreme Court · 1989 INSC 40 · Decided 2 February 1989

Rashik Lal and Others v. Shah Gokuldas & ANR.

Court
Supreme Court of India
Citation
1989 INSC 40 · [1989] 1 S.C.R. 439
Case number
CIVIL APPEAL No. 1953/1980
Decided
2 February 1989
Bench
L.M. SHARMA, S. RATNAVEL PANDIAN (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 227

Headnote

C. P. and Berar Letting of Houses and Rent Control Order, 1949: Clause J3(3)(ii)-Rent-Non payment of-When ground for eviction­ ' Habitually in arrears with the rent'-The condition requisite­ Landlord accepting belated payments of monthly rent without any objection-Whether entitled to seek petition for eviction of his tenant on the ground of wilful defanlt in payment of rent and bona fide reqniremeot under sub-clauses (ii) & (vi) respectively of Clause 13(3) of the C.P. and D Berar letting of Houses and Rent Control Order, 1949. The landlord alleged that the rent was payable on

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