Supreme Court of India

Pradesh Kumar Bajpai v. Binod Behari Sarkar

Neutral citation
Reported as [1980] 3 S.C.R. 93
Bench S. Murtaza Fazal Ali J.
Decided 21 March 1980

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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

Authorities it was built on

Where later benches applied it

Of those, 1 relied on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.