NAND LAL AGARWAL versus GANESH PRASAD SAH & ORS.

NAND LAL AGARWAL versus GANESH PRASAD SAH & ORS.

Tenant cannot seek adjustment of excess rent payments toward arrears unless he has expressly exercised his option under section 8(2) and called upon landlord to make such adjustment. Failure to do so defeats claim to automatic adjustment in an eviction suit for default of rent.

Source-derived case information.

Parties
Appellant: Nano Lal Agarwal; Respondent: Ganesh Prasad Sah; Respondents: Others
Jurisdiction
India
Judgment Date
09 August 1988
Procedural Posture
Civil Appeal / Appeal Before Supreme Court After High Court Decision
Outcome
Appeal dismissed
Legal Topics
Eviction, Adjustment of Excess Rent, Non Payment of Rent
Landlord and Tenant Rent Control Eviction Adjustment of Excess Rent Non Payment of Rent

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Parties

Nano Lal Agarwal

Appellant

Ganesh Prasad Sah

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Before Supreme Court After High Court Decision

Legal Issues

  1. 1 Whether tenant is entitled to adjustment of excess payment towards rent arrears without exercising option for such adjustment under section 8(2) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977.

Ratio Decidendi

Tenant cannot seek adjustment of excess rent payments toward arrears unless he has expressly exercised his option under section 8(2) and called upon landlord to make such adjustment. Failure to do so defeats claim to automatic adjustment in an eviction suit for default of rent.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs