Supreme Court of India · 2017-03-23
BHAGIRATH AGARWAL vs M/S SIMPLEX CONCRETE & PILES(INDIA) PVT. LTD. .
- Citation / case number
- SC 2008/4968
- Court
- Supreme Court of India
- Petitioner
- BHAGIRATH AGARWAL
- Respondent
- M/S SIMPLEX CONCRETE & PILES(INDIA) PVT. LTD. .
- Author
- HON'BLE MR. JUSTICE KURIAN JOSEPH
- Bench
- HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that under Section 17(2A) of the West Bengal Premises Tenancy Act, 1956, when rent arrears are allowed to be paid in installments, the tenant is entitled to interest on the arrears from the date they became payable until the order is made. The Court found that the City Civil Court's decision to deny interest was incorrect, as the statute mandates interest irrespective of the tenant's justification for non-payment. The appeal was allowed, and the order denying interest was set aside.