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november 2007

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.

Janak Raj vs Pardeep Kumar · Niyam