SARWAN KUMAR ONKAR NATH vs SUBHAS KUMAR AGARWALLA

The Supreme Court held that under Section 11(1)(d) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1947, a tenant cannot be evicted for non-payment of rent if they have paid rent in advance, as the landlord's acceptance of such advance violates Section 3 of the Act. The Court found that the High Court erred in treating the tenant as a defaulter without considering the advance payment. The appeal was allowed, and the eviction order was set aside, establishing that a tenant's advance payment can be set off against future rent due.