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august 1981

Supreme Court of India · 1981-08-20

MANGAL SEN vs KANCHHID MAL

Citation / case number
SC 1980/63445
Court
Supreme Court of India
Petitioner
MANGAL SEN
Respondent
KANCHHID MAL
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court upheld the decision of the District Court, affirming that the tenant failed to comply with the conditions of Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which necessitates an unconditional payment of rent at the first hearing to avoid eviction under Section 20(2)(a). The Court found that the tenant's claim of having paid sales tax on behalf of the landlord did not constitute a valid defense against eviction, as no evidence of unconditional tender was presented. Consequently, the appeal was dismissed, affirming the tenant's liability for eviction due to non-payment of rent.

MANGAL SEN vs KANCHHID MAL · Niyam