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march 1987

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.

BUDHWANTI AND ANR. vs GULAB CHAND PRASAD · Niyam