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february 1998

Supreme Court of India · 1998-02-13

K A RAMESH vs SUSHEELA BAI

Citation / case number
SC 1997/17933
Court
Supreme Court of India
Petitioner
K A RAMESH
Respondent
SUSHEELA BAI
Author
S.P. KURKUKAR S.B. MAJMUDAR
Bench
S.P. KURKUKAR S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court addressed the issue of willful default in rent payment under Section 10 of the A.P. Building (Lease, Rent & Eviction) Control Act, 1960. The Court held that the tenants were not willful defaulters as they had sent a bank draft for the arrears before the eviction petition was filed, indicating their intention to pay. Consequently, the eviction order was set aside, emphasizing that a tenant's default must be proven as willful for eviction to be justified.

K A RAMESH vs SUSHEELA BAI · Niyam