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

november 1984

Supreme Court of India · 1984-11-12

CHIMANLAL vs MISHRILAL

Citation / case number
SC 1979/62737
Court
Supreme Court of India
Petitioner
CHIMANLAL
Respondent
MISHRILAL
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that under Section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961, a notice demanding arrears of rent must pertain specifically to the accommodation actually rented to the tenant. The Court ruled that a defective notice invalidates the entire trial, as the suit itself becomes non-maintainable. The Court emphasized that while amendments to the plaint may relate back to the suit's initiation, they cannot rectify an invalid notice terminating tenancy, leading to the allowance of the tenant's appeal.

CHIMANLAL vs MISHRILAL · Niyam