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.