Supreme Court of India

Babu Ram Gopal and Others v. Mathra Dass

Neutral citation
Reported as [1990] 1 S.C.R. 736
Bench Lalit Mohan Sharma and V. Ramaswamy JJ.
Decided 28 February 1990

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

We are of the view that the non-occupation of the premises by a tenant must con­ tinue till the date of the filing of the application for his eviction on the ground covered bys.

Judgment, page 6

From the headnote

EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949: Section I3(2)(v)-Tenant-Temporarily suspending actual physical user of premises-Whether liable for eviction-Whether non­ occupation must continue till the date of filing of eviction application. INTERPRETATION OF STATUTES: External aids- Comparison with Rent Acts of other States~Not commended. On an application filed by the respondent-landlord in March 1973 for eviction of the appellant-tenant on the ground that for a b continuous period of more than four months the appellant had ceased to occupy the shop during 1969-71, the Rent Controller passed

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