Supreme Court of India
Sarla Goel & Ors. v. Kishan Chand
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the word "may" in the context of the Act, shall be construed as "shall" and therefore, the tenant shall deposit the rent after refusal by the landlord and, C accordingly, having not done so, he is liable to be evicted.
Judgment, page 24
From the headnote
Delhi Rent Control Act, 1958- ss. 27, 14(1)(a) rw s. 14(2) - Default in payment of rent - Tenant availing benefit of s. 14(2) rw s. 15 - Subsequently, committing second default in c payment of rent - Refusal of landlord to accept the rent tendered by tenant - Eviction on the ground of second default uls. 14(1)(a) rlw proviso to s. 14(2) - Set aside by High Court • - Sustainability - Held: Not sustainable - Tenant having once availed the benefit uls. 14(2) is not entitled to such benefit in case if it is held to be a second default - Word 'may' occurring in s. 27 shall be construed as 'shall',
Where later benches applied it
- 2018 Itc Limited v. Blue Coast Hotels Ltd. & Ors.
- 2015 Monoj Lal Seal and Others v. Octavious Teaand Industries Ltd.
Of those, 1 relied on · 1 referred to
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