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february 2004

Supreme Court of India · 2004-02-03

Sri Bhimsen Gupta vs Sri Bishwanath Prasad Gupta

Citation / case number
AIR 2004 SUPREME COURT 1770
Court
Supreme Court of India
Petitioner
Sri Bhimsen Gupta
Respondent
Sri Bishwanath Prasad Gupta
Author
S.H. Kapadia
Bench
S.H. Kapadia

Judgment text excerpt

The Supreme Court held that under Section 11(1)(d) of the Bihar Buildings (Lease Rent & Eviction) Control Act, 1982, a landlord can seek eviction of a tenant for default in rent payment even if the default occurred more than three years prior to the filing of the suit. The Court clarified that the phrase 'lawfully payable' in the statute pertains to the grounds for eviction rather than the recovery of arrears. The Court upheld the eviction decree based on findings of willful default and personal necessity, dismissing the tenant's argument regarding the maintainability of the suit.

Sri Bhimsen Gupta vs Sri Bishwanath Prasad Gupta · Niyam