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april 1974

Supreme Court of India · 1974-04-16

DHAN SINGH RAMKRISHNA CHAUDHRI & ORS. vs LAXMINARAYAN RAMKISHAN & ANR.

Citation / case number
SC 1971/60200
Court
Supreme Court of India
Petitioner
DHAN SINGH RAMKRISHNA CHAUDHRI & ORS.
Respondent
LAXMINARAYAN RAMKISHAN & ANR.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that under Section 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, a tenant is not entitled to relief from forfeiture if the total arrears of rent exceed the aggregate rent of two years. The Court clarified that defaults in payment for any three years constitute a failure within the meaning of the section, emphasizing that partial payments beyond the specified period also count as defaults. The appeal was dismissed as the tenant had defaulted in payment for three consecutive years, thus affirming the lower court's decision.

DHAN SINGH RAMKRISHNA CHAUDHRI & ORS. vs LAXMINARAYAN RAMKISHAN & ANR. · Niyam