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february 1966

Supreme Court of India · 1966-02-04

SURENDRA NATH BIBRA vs STEPHEN COURT LTD.

Citation / case number
SC 1963/182
Court
Supreme Court of India
Petitioner
SURENDRA NATH BIBRA
Respondent
STEPHEN COURT LTD.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court ruled that a tenant is entitled to suspend payment of rent only if the landlord fails to deliver possession of the entire premises as agreed. In this case, the appellant executed a lease for a flat but was only given possession of two out of three bedrooms. The Court held that the appellant must pay a proportionate part of the rent, emphasizing that it would be inequitable for the landlord to recover full rent without delivering the entire property. The decision referenced Section 115 of the Civil Procedure Code and Article 227 of the Constitution, affirming the need for equitable treatment in landlord-tenant relationships.

SURENDRA NATH BIBRA vs STEPHEN COURT LTD. · Niyam