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.