RADHA KISHAN SAO. vs GOPAL MODI & ORS.

The Supreme Court held that under Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, a tenant can only be evicted for default in payment of rent fixed by the Rent Controller, and not for non-payment of rent for furniture let out subsequently. The Court found that the High Court and Subordinate Judge erred in interpreting the grounds for eviction, as the plaintiff could not claim default based on furniture rent without a corresponding order from the Rent Controller. Consequently, the appeal was allowed, and the eviction decree was set aside.