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april 1989

Supreme Court of India · 1989-04-27

SMT. PRAKASH MEHRA vs K.L. MALHOTRA

Citation / case number
SC 1984/68297
Court
Supreme Court of India
Petitioner
SMT. PRAKASH MEHRA
Respondent
K.L. MALHOTRA
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court held that under Section 14(1)(a) of the Delhi Rent Control Act, 1958, the arrears of rent referred to in a notice of demand must be those legally recoverable at the time of the notice, and cannot include rent that falls due after the notice is served. In this case, the tenant's bank drafts for the arrears were tendered within the notice period, satisfying the demand. The Court dismissed the appeal, affirming the High Court's ruling that the tenant was not in default as the notice was satisfied with the tendered amounts.

SMT. PRAKASH MEHRA vs K.L. MALHOTRA · Niyam