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april 1997

Supreme Court of India · 1997-04-22

BINDESHWAARY CHOUDHARY vs AJAY KUMAR

Citation / case number
SC 1994/10604
Court
Supreme Court of India
Petitioner
BINDESHWAARY CHOUDHARY
Respondent
AJAY KUMAR
Author
D.P. Wadhwa
Bench
D.P. WADHWA S.C. AGRAWAL

Judgment text excerpt

The Supreme Court ruled that under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982, a landlord is entitled to claim arrears of rent only from the date of the institution of the eviction suit. The Court held that the High Court's modification of the subordinate court's order, which allowed the landlord to claim arrears prior to the suit, was correct as it aligned with the precedent set in Deep Narain vs Anil Kumar Sinha. The appeal by the landlord was dismissed, affirming the High Court's decision.

BINDESHWAARY CHOUDHARY vs AJAY KUMAR · Niyam