Supreme Court · 1987 INSC 275 · Decided 9 October 1987
Sarwan Kumar Onkar Nath v. Subhas Kumar Agarwalla
- Court
- Supreme Court of India
- Citation
- 1987 INSC 275 · [1988] 1 S.C.R. 414
- Case number
- CIVIL APPEAL No. 2607/1987
- Decided
- 9 October 1987
- Bench
- E.S. VENKATARAMIAH, K.N. SINGH, S. RANGANATHAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Bihar Building (Lease, Rent and Eviction) Control Act, 1947-S. 11( l)(d)-Eviction of tenant for default in payment of rent-In the absence of any agreement to the contrary, tenant can claim set off C against advance payment of rent accepted by landlord in violation of s. 3 of the Act and the Court When the appellant did not pay rent for September and October, 1972, the respondent filed a petition for its eviction from the premises in D question under s. U(l)(d) of the Bihar Building (Lease, Rent and Evic­ tion) Act, 1947 which provided that on failure to pay two months' rent a tenant
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