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august 1988

Supreme Court of India · 1988-08-09

NAND LAL AGARWAL vs GANESH PRASAD SAH & ORS.

Citation / case number
SC 1986/69955
Court
Supreme Court of India
Petitioner
NAND LAL AGARWAL
Respondent
GANESH PRASAD SAH & ORS.
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court upheld the eviction of the tenant under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977, citing Sections 4, 7, and 8. The Court ruled that the tenant cannot claim adjustment of excess rent payments towards arrears without having exercised the option under Section 8(2) of the Act. The Court affirmed the lower courts' findings that the tenant's failure to invoke this right precluded any defense based on alleged overpayments, thus dismissing the appeal.

NAND LAL AGARWAL vs GANESH PRASAD SAH & ORS. · Niyam