Supreme Court of India · 1990-01-25
DUTTA CYCLE STORES & ORS. vs SMT. GITA DEVI SULTANIA & ORS.
- Citation / case number
- SC 1982/63717
- Court
- Supreme Court of India
- Petitioner
- DUTTA CYCLE STORES & ORS.
- Respondent
- SMT. GITA DEVI SULTANIA & ORS.
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, eviction on grounds of wilful default requires credible evidence of rent arrears. The Court found that the plaintiffs failed to provide reliable oral or documentary evidence to substantiate their claim of arrears, leading to the conclusion that the lower courts' findings were perverse and unjustified. Consequently, the appeal was allowed, and the eviction decree was set aside.