Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Accommodation Control Act 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Accommodation Control Act, 1961 (14 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rent Control and Eviction:Madhya Pradesh Accommodation Control Act, 1961 - ss. 12(1 )(a}, 12(3), 13(5) and 13(6) - Restriction on eviction of tenants - Decree for ejectment on the ground of bonafide necessity - Tenant given benefit of s.12(3) and decree for ejectment not passed on the ground of arrears of rent u/s 12(1)(a) - Subsequently, second proceeding initiated for ejectment u/s 12(1)(a) on the ground that arrears of rent due during pendency of previous proceedings - Three consecutive defaults in payment of rent and non-payment of arrears of rent within two months of service of demand notice - Decree for ejectment u/s 12(1)(a) granted by trial Court, but set aside by High Court - On appeal, held: Cause of action accrued in favour of landlord to initiate proceedings for ejectment of tenant by filing second suit u/s 12(1)(a) - s. 12(3) or s. 13(5) would not be attracted - Thus, landlord would be entitled to file a second suit for ejectment on the ground of arrears of rent - Court is to pass a decree for ejectment u/s 12(1)(a) - Thus, order of High Court set aside - Landlord's suit is decreed for ejectment u/s 12(1 }(a}. |
Judge | Hon'ble Mr. Justice P.P. Naolekar |
Neutral Citation | 2008 INSC 240 |
Petitioner | Sobhagyamal & Anr. |
Respondent | Gopal Das Nikhra |
SCR | [2008] 3 S.C.R. 243 |
Judgement Date | 2008-02-22 |
Case Number | 1839 |
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