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december 1986

Supreme Court of India · 1986-12-10

SHAM LAL (DEAD) BY LRS. vs ATME NAND JAIN SABHA (REGD.) DAL BAZAR

Citation / case number
SC 1973/60367
Court
Supreme Court of India
Petitioner
SHAM LAL (DEAD) BY LRS.
Respondent
ATME NAND JAIN SABHA (REGD.) DAL BAZAR
Bench
RAY, B.C. (J)

Judgment text excerpt

The Supreme Court interpreted 'first day of hearing' under Section 13(2) of the East Punjab Urban Rent Restriction Act, 1949, clarifying that it refers to the date when the Rent Controller assesses the case, not merely the date of the tenant's appearance. The Court held that the tenant's tender of arrears on the adjourned date constituted a valid tender under the Act, thus reversing the High Court's decision and allowing the tenant's appeal. The ruling emphasizes the importance of the actual hearing date in determining defaults in rent payment.

SHAM LAL (DEAD) BY LRS. vs ATME NAND JAIN SABHA (REGD.) DAL BAZAR · Niyam