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.