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.