Supreme Court of India · 2007-11-27
Janak Raj vs Pardeep Kumar
- Citation / case number
- AIR 2008 SUPREME COURT 542
- Court
- Supreme Court of India
- Petitioner
- Janak Raj
- Respondent
- Pardeep Kumar
- Bench
- A.K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the dismissal of the landlord's eviction suit under the Jammu & Kashmir Houses and Shops Rent Control Act, 1966, specifically referencing Section 11(1)(i) and Section 12. The Court established that a tenant who defaults on rent payments on three occasions within eighteen months is not entitled to protection against eviction, even if partial payments are made. The Court concluded that the tenant's failure to pay the full amount of rent rendered him a defaulter, thus justifying the landlord's claim for eviction.