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april 1977

Supreme Court of India · 1977-04-11

BRAHMANAND vs SMT. KAUSHALYA DEVI & ANR.

Citation / case number
SC 1976/60810
Court
Supreme Court of India
Petitioner
BRAHMANAND
Respondent
SMT. KAUSHALYA DEVI & ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court interpreted Section 3(1)(a) and Section 7-C of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, clarifying that a tenant can deposit rent in court when the landlord refuses to accept it, and such deposit shall be deemed as payment. The Court held that the lower courts' narrow interpretation of 'paid to him by a tenant' was incorrect, emphasizing that physical tender is not necessary in cases of strained relations. The appeal was allowed, and the case was remanded for further consideration of the circumstances between the parties.

BRAHMANAND vs SMT. KAUSHALYA DEVI & ANR. · Niyam