Saturday, 13 March 2021

Whether non-payment of rent by the tenant to the landlord amounts to a forfeiture of tenancy?

  Thus, the suit of the Plaintiffs filed within 12 years of the determination of the tenancy by efflux of time is within the period of limitation. The Defendant has not proved forfeiture of tenancy prior to the expiry of lease period. Mere non-payment of rent does not amount to forfeiture of tenancy. It only confers a right on the landlord to seek possession. The Plaintiffs have filed a suit for possession against the Defendant on the basis of determination of tenancy, such suit is governed by Article 67 alone.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 9918 of 2011

Decided On: 19.03.2020

 Nand Ram  Vs.   Jagdish Prasad

Hon'ble Judges/Coram:
L. Nageswara Rao and Hemant Gupta, JJ.
Citation: 2021(1) MHLJ 180
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