Supreme Court of India
Pradesh Kumar Bajpai v. Binod Behari Sarkar
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, we allow the appeal, set aside the order of the High Court and restore that of the lower appellate Court aud decree the suit for possession and ejectment of the defendant.
Judgment, page 8
From the headnote
Double Protection-Once the requirements of Rent Act are satisfied, the tenant cannot claim the double protection of invoking the provisions of the Transfer of Property Act or the terms of the contract-Section 114 of the Trans fer of Property Act, (Act 4 of 1882) and section 3 of the U.P. (Temporary) Control of Rent and Eviction Act. The appellant plaintiff filed a suit for eviction of the respondent tenant and for arrears of rent and mesne profits. Though no specific plea of re1 ief against forfeiture for non-payment of rent under section 114 of the Transfer <>f Property Act was taken in the
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Of those, 1 relied on
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