Supreme Court of India · 1987-03-04
BUDHWANTI AND ANR. vs GULAB CHAND PRASAD
- Citation / case number
- SC 1985/66938
- Court
- Supreme Court of India
- Petitioner
- BUDHWANTI AND ANR.
- Respondent
- GULAB CHAND PRASAD
- Author
- S. NATRAJAN
- Bench
- S. NATRAJAN
Judgment text excerpt
The Supreme Court upheld the applicability of the doctrine of 'in pari delicto' to tenants who pay enhanced rents in violation of the Rent Restriction Acts, ruling that such tenants cannot claim adjustment of excess rent paid to avoid eviction. The Court emphasized that the principle of unjust enrichment does not apply when both parties have consensually contravened statutory provisions for mutual benefit. The High Court's reversal of the appellate court's findings on bona fide requirements was also affirmed, as it was deemed to have misapplied the law and misread facts.