SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1989 Supreme(Raj) 790

M.C.JAIN, I.S.ISRANI
Lallu Narayan – Appellant
Versus
Ratan Chand Lunia – Respondent


JUDGMENT :

1. - The following questions have been referred for answer by the Division Bench:-

(1) WHETHER the landlord can seek eviction of the tenant on the ground mentioned in Section 13 (1) (f) of the Act in the absence of specific pleading, issue and evidence in that regard and for that purpose the ground set out in Section 13 (1) (f) of the Act stands on a different footing from the other grounds of eviction contained in Section 13 (1) of the Act?

(2) CAN a tenant be said to have committed default in payment of rent on the first day after the expiry of the month even though in view of sub-sec. (1) of Section 19A of the Act, the rent can be paid upto 15th day of the month next following the month for which it is payable?

(3) DOES the decision of this Court in Premlal v. Jadav Chand hold good after the decision of the Supreme Court in V. Dhanpal Chettiar v. Yeshodai Animal ?

2. A few relevant facts may, briefly, be stated, so that, it may be known as to how the questions arose for consideration by a Larger Bench.

3. The appellant Lallu Narayan filed a suit against the defendant Shri Ratan Chand Lunia for eviction from the shop. The eviction was sought on the grounds of default in












































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top