GHANSHYAM DAS GUPTA versus DEVI LAL AND OTHERS

GHANSHYAM DAS GUPTA versus DEVI LAL AND OTHERS

Defaults in payment of rent occurring prior to the extension of the Bihar Buildings (Lease, Rent and Eviction) Act, 1947 to the area cannot be made the basis for eviction under Section 11(1)(d) of the Act. Section 13 procedures and protections are only operative after the Act is extended.

Parties
Appellant: Ghanshyam Das Gupta; Respondents: Devi Lal and Others
Jurisdiction
India
Judgment Date
08 February 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 19.5.1982 of the Patna High Court in Appellate Decree No. 275 of 1981
Outcome
Appeal allowed
Legal Topics
Eviction, Default in Payment of Rent, Prospective Application of Statutes, Interpretation of Statutes
Tenancy Law Eviction Default in Payment of Rent Prospective Application of Statutes Interpretation of Statutes

Case Brief

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Parties

Ghanshyam Das Gupta

Appellant

Devi Lal and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 19.5.1982 of the Patna High Court in Appellate Decree No. 275 of 1981

Legal Issues

  1. 1 Whether default by a tenant in payment of rent for the period before the Bihar Buildings (Lease, Rent and Eviction) Act, 1947 was extended and became applicable can be the basis for eviction under Section 11(1)(d) of the Act

Ratio Decidendi

Defaults in payment of rent occurring prior to the extension of the Bihar Buildings (Lease, Rent and Eviction) Act, 1947 to the area cannot be made the basis for eviction under Section 11(1)(d) of the Act. Section 13 procedures and protections are only operative after the Act is extended.

Court Disposition

Appeal allowed

Orders

  • Judgments of the High Court and first appellate court are set aside.
  • Case remitted to the first appellate court for fresh decision on default in payment of rent for December 1973 to April 1974.