Supreme Court · 2009 INSC 891 · Decided 8 July 2009

Sarla Goel & ORS. v. Kishan Chand

Court
Supreme Court of India
Citation
2009 INSC 891 · [2009] 10 S.C.R. 481
Case number
CIVIL APPEAL No. 4162/2009
Decided
8 July 2009
Bench
TARUN CHATTERJEE, H.L. DATTU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Rent Control Act Section 27, 14(1)(a)

Headnote

Delhi Rent Control Act, 1958- ss. 27, 14(1)(a) rw s. 14(2) - Default in payment of rent - Tenant availing benefit of s. 14(2) rw s. 15 - Subsequently, committing second default in c payment of rent - Refusal of landlord to accept the rent tendered by tenant - Eviction on the ground of second Set aside by High Court • - Sustainability - Held: Not sustainable - Tenant having once availed the benefit uls. 14(2) is not entitled to such benefit in D case if it is held to be a second default - Word 'may' occurring in s. 27 shall be construed as 'shall', thus, tenant shall deposit rent

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