Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1980

Supreme Court of India · 1980-03-21

PRADESH KUMAR BAJPAI vs BINOD BEHARI SARKAR

Citation / case number
SC 1970/60341
Court
Supreme Court of India
Petitioner
PRADESH KUMAR BAJPAI
Respondent
BINOD BEHARI SARKAR
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court ruled that under the U.P. (Temporary) Control of Rent and Eviction Act III, a landlord cannot terminate a lease by forfeiture for non-payment of rent if the tenant has not defaulted for more than three months, as the Act restricts eviction rights. The Court held that the landlord must seek eviction through the Act's provisions, and the tenant cannot invoke Section 114 of the Transfer of Property Act for relief against forfeiture. The appeal was dismissed, affirming the High Court's decision that the landlord's notice was valid but did not allow immediate possession without following statutory procedures.

PRADESH KUMAR BAJPAI vs BINOD BEHARI SARKAR · Niyam