Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bilzar Buildings (Lease Rent and Eviction) Control Act (III of 1947) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bihar Buildings (lease, Rent and Eviction) Control Act, 1947 (3 of 1947) |
Case Type | Original Suit |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Buildings (Lease, Rent and Eviction) Control Act (III of 1947), s., 11-0rder of Controller for et1iction on the ground of 11on-payment of rent- Suit to set aside order-Jurisdiction of civil court -Question whether there was non-payment-Finality' of Controller's decision. Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, has entrusted the Controller with a jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on finding that there is non-payment of rent, to order eviction of a tenant. -Therefore, even if a Controller has wrongly decided the question whether there has been non-payment of rent, his order for eviction on the ·ground that there has been non-payment of rent cannot be questioned in a civil court. |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1951 INSC 6 |
Petitioner | Rai Brij Raj Krishna And Another |
Respondent | S. K. Shaw And Brothers. |
SCR | [1951] 1 S.C.R. 145 |
Judgement Date | 1951-02-02 |
Case Number | 68 |
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