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april 1985

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.

GANESH PRASAD SAH KESARI & ANR. vs LAKSHMI NARAYAN GUPTA · Niyam