Supreme Court of India
Sarwan Kumar Onkar Nath v. Subhas Kumar Agarwalla
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From the headnote
Bihar Building (Lease, Rent and Eviction) Control Act, 1947-S. 11( l)(d)-Eviction of tenant for default in payment of rent-In the absence of any agreement to the contrary, tenant can claim set off against advance payment of rent accepted by landlord in violation of s. 3 of the Act and the Court cannot order eviction by invoking the doctrine of in pari delicto. When the appellant did not pay rent for September and October, 1972, the respondent filed a petition for its eviction from the premises in question under s. U(l)(d) of the Bihar Building (Lease, Rent and Evic tion) Act, 1947 which
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