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.