Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2016-SC-CIVIL-Aug-6

Baburao Vs. Pokhardas

Head Note

Civil Law  - Arrears of rent and default

Hyderabad Houses (Rent, Eviction, and Lease) Control Act, 1954 - Section 15 - Arrears of rent and default - Deposit in Court - The amount towards arrears of rent was deposited by the tenant in the Court of Rent Controller before institution of the eviction application; and intimation in that behalf was given to the landlord. The tenant continued to periodically deposit the rent amount in Court thereafter. Further, the appellant in his evidence has admitted of having withdrawn the rent amount till Diwali. This finding of fact recorded by the District Court and affirmed by the High Court, being concurrent finding of fact, need no interference. As a necessary corollary, it must follow that the tenant was not a defaulter muchless willful defaulter. Thus, the ground of default on which eviction of the tenant was prayed is untenable.

Topic(s)-Arrears of rent and default







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