Supreme Court of India

Banarsi Lal v. Smt. Saghiran Begum

Neutral citation
Reported as [1988] 3 S.C.R. 820
Bench R.S. Pathak, M.H. Kania and N.D. Ojha JJ.
Decided 3 May 1988

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.

What the Court ordered

In view of the foregoing discussion we are of the opinion that on the facts of the instant case the appellant was entitled to the benefit of .A Section 39 read with Section 40 of the Act and to be absolved from his liability to be evicted from the shop in question on account of the deposit made by him on 19th July, 1972 referred to above.

Judgment, page 7

From the headnote

Urban Buildings (Regulations of Letting, Rent and Eviction) Act 1972-Sections 39 and 40-Tenant making deposit and claiming enti­ tlement to be absolved from liability for eviction-Amount deposited to include costs of suit-Costs are taxable costs made payable by tenant to landlord. In a suit for ejectment filed by the landlord respondent a decree for eviction from a shop was passed against the tenant-appellant on 19th August, 1971. The Trial Court however directed the parties to bear their own costs. During the pendency of the tenant's appeal, the U.P. Urban Buildings (Regulation of Letting,

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