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Supreme Court of India · 2017-03-06

MANIK CHAND JAIN vs MD. AHIYA

Citation / case number
SC 2013/12994
Court
Supreme Court of India
Petitioner
MANIK CHAND JAIN
Respondent
MD. AHIYA
Author
ASHOK BHUSHAN

Judgment text excerpt

The Supreme Court upheld the decision of the Gauhati High Court, affirming the eviction of the tenant under the Assam Urban Areas Rent Control Act, 1972. The Court found that the tenant had defaulted on rent payments, as the agreed rent of Rs.2400 per month was applicable from the completion of construction in April 1990, despite the tenant continuing to pay Rs.700 per month. The Court clarified that the tenant's claim of lower rent was not valid due to the binding nature of the agreement dated 01.08.1988, which established the higher rent post-construction.

MANIK CHAND JAIN vs MD. AHIYA · Niyam