Supreme Court of India

Babu Ram Gopal and Others v. Mathra Dass

Neutral citation
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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