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october 1968

Supreme Court of India · 1968-10-10

RAMA SHANKAR SINGH & ANR. vs MST. SHYAMLATA DEVI AND ORS.

Citation / case number
SC 1966/60417
Court
Supreme Court of India
Petitioner
RAMA SHANKAR SINGH & ANR.
Respondent
MST. SHYAMLATA DEVI AND ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that defendants 1 to 3 were jointly and severally liable to pay the plaintiffs' share of rent for the years 1358, 1359, and 1360 Faslis, along with simple interest at 6.25% per annum. The court clarified that under Section 43 of the Indian Contract Act, 1872, the joint liability of the lessees was established by the lease deed, which stipulated that the lease would terminate on default of payment for two consecutive years. Furthermore, the court ruled that a suit filed after the limitation period is liable to be dismissed, as per Section 184 of the Bihar Tenancy Act, even if the limitation plea was not raised in the written statement.

RAMA SHANKAR SINGH & ANR. vs MST. SHYAMLATA DEVI AND ORS. · Niyam