Supreme Court of India · 1985-04-18
GANESH PRASAD SAH KESARI & ANR. vs LAKSHMI NARAYAN GUPTA
- Citation / case number
- SC 1978/90343
- Court
- Supreme Court of India
- Petitioner
- GANESH PRASAD SAH KESARI & ANR.
- Respondent
- LAKSHMI NARAYAN GUPTA
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, the failure of a tenant to comply with a court order to deposit rent does not automatically result in the striking off of the tenant's defense. The Court emphasized that the consequences of non-compliance must be assessed in light of the circumstances, and a rigid application of the statute could lead to unjust outcomes. The Court allowed the appeal, setting aside the High Court's order that deemed the tenant's defense struck off due to non-compliance.