VIJAY AMBADAS DIWARE AND ORS. versus BALKRISHNA WAMAN DANDE AND ANR.

VIJAY AMBADAS DIWARE AND ORS. versus BALKRISHNA WAMAN DANDE AND ANR.

Tenant repeatedly defaulted in payment of rent, was in arrears, and did not regularly or fully deposit rent, satisfying grounds under Clause 13(3)(i) and (ii) for eviction.

Parties
Appellant/tenant: Vijay Ambadas Diware and Ors.; Respondent/landlord: Balkrishna Waman Dande and Anr.
Jurisdiction
India
Judgment Date
31 March 2000
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction, Arrears of Rent, Habitual Default
Rent Control Eviction Arrears of Rent Habitual Default

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vijay Ambadas Diware and Ors.

Appellant/tenant

Balkrishna Waman Dande and Anr.

Respondent/landlord

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the tenant was a habitual defaulter under Clause 13(3)(ii) of The Central Provinces and Berar Letting of Houses and Rent Control Order, 1949
  2. 2 Whether arrears of rent existed justifying eviction

Ratio Decidendi

Tenant repeatedly defaulted in payment of rent, was in arrears, and did not regularly or fully deposit rent, satisfying grounds under Clause 13(3)(i) and (ii) for eviction.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to appellant; authorities below affirmed; parties to bear their own costs.