SRI BHIMSEN GUPTA versus SRI BISHWANATH PRASAD GUPTA

SRI BHIMSEN GUPTA versus SRI BISHWANATH PRASAD GUPTA

Default in payment of rent for two months, even if the period is beyond three years prior to the suit, constitutes a ground for eviction under Section 11(1)(d) of the Act, 1982 as the provision relates to 'lawfully payable' rent, not 'lawfully recoverable' rent, and limitation does not defeat the landlord's eviction claim if the statutory ingredients are satisfied.

Parties
Petitioner: Sri Bhimsen Gupta; Respondent: Sri Bishwanath Prasad Gupta
Jurisdiction
India
Judgment Date
03 February 2004
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on SLP Against Decision of Patna High Court
Outcome
Petition dismissed
Legal Topics
Eviction, Default in Rent Payment, Limitation, Personal Necessity
Landlord Tenant Law Eviction Default in Rent Payment Limitation Personal Necessity

Case Brief

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Parties

Sri Bhimsen Gupta

Petitioner

Sri Bishwanath Prasad Gupta

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on SLP Against Decision of Patna High Court

Legal Issues

  1. 1 Whether landlord can seek eviction for defaulted rent beyond three years prior to suit under Section 11(1)(d) of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982

Ratio Decidendi

Default in payment of rent for two months, even if the period is beyond three years prior to the suit, constitutes a ground for eviction under Section 11(1)(d) of the Act, 1982 as the provision relates to 'lawfully payable' rent, not 'lawfully recoverable' rent, and limitation does not defeat the landlord's eviction claim if the statutory ingredients are satisfied.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed