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april 1992

Supreme Court of India · 1992-04-23

SHADI SINGH vs RAKHA

Citation / case number
SC 1980/62799
Court
Supreme Court of India
Petitioner
SHADI SINGH
Respondent
RAKHA
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the appellate authority's finding that the tenant's repairs to the fallen roof rendered the landlord's eviction application under Section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949 unnecessary. The Court emphasized that the term 'requires' in Section 13(3)(a)(iii) must be read in conjunction with Section 13(4), which mandates the landlord to restore the premises to the tenant after repairs. The Court affirmed that a tenant has the right to effect repairs and recover costs under Section 108(f) of the Transfer of Property Act when the landlord neglects to do so, thus reinforcing the tenant's rights in such situations.

SHADI SINGH vs RAKHA · Niyam