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september 1967

Supreme Court of India · 1967-09-14

VITHAL VASUDEO KULKARNI & ORS. vs MARUTI RAMA NAGANE & ORS.

Citation / case number
SC 1965/183
Court
Supreme Court of India
Petitioner
VITHAL VASUDEO KULKARNI & ORS.
Respondent
MARUTI RAMA NAGANE & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that under Section 25(2) of the Bombay Tenancy & Agricultural Lands Act, 1948, a landlord cannot evict a tenant for non-payment of rent if the tenant has paid all arrears and the landlord has accepted them. The Court clarified that Section 25(1) allows for the reinstatement of tenancy upon payment of arrears, while Section 25(2) applies in cases of persistent default and does not permit the Mamlatdar to order payment of arrears. The High Court's dismissal of the eviction application was upheld, affirming that acceptance of rent constitutes a waiver of the right to terminate tenancy for non-payment on due dates.

VITHAL VASUDEO KULKARNI & ORS. vs MARUTI RAMA NAGANE & ORS. · Niyam