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november 1977

Supreme Court of India · 1977-11-28

KHADI GRAM UDYOG TRUST vs SHRI RAM CHANDRAJI VIRAJMAN MANDIR SARSAIYA GHAT,

Citation / case number
SC 1977/61648
Court
Supreme Court of India
Petitioner
KHADI GRAM UDYOG TRUST
Respondent
SHRI RAM CHANDRAJI VIRAJMAN MANDIR SARSAIYA GHAT,
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that under Section 20(2) of the U.P. Act of 1972, a landlord can evict a tenant if the tenant is in arrears of rent for not less than four months and fails to pay within one month of receiving a notice of demand. The Court clarified that a tenant can be relieved from eviction if they pay the entire arrears at the first hearing of the suit, even if they did not comply with Section 20(2). It was also established that the statute of limitation bars the remedy but does not extinguish the debt, as per Section 28 of the Limitation Act. The appeal was dismissed, upholding the eviction order against the tenant.

KHADI GRAM UDYOG TRUST vs SHRI RAM CHANDRAJI VIRAJMAN MANDIR SARSAIYA GHAT, · Niyam