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february 1958

Supreme Court of India · 1958-02-20

KANAIYALAL CHANDULAL MONIM vs INDUMATI T. POTDAR AND ANOTHER

Citation / case number
SC 1956/83
Court
Supreme Court of India
Petitioner
KANAIYALAL CHANDULAL MONIM
Respondent
INDUMATI T. POTDAR AND ANOTHER
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that under Section 24(1) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, a landlord cannot withhold essential supplies from a tenant without just cause. The court found that while the appellant was not directly responsible for the water supply being cut off, he had the power to restore it and his failure to do so constituted withholding under the Act. However, since the tenant had not enjoyed the water supply at any time after the Act came into force, the appellant's conviction was overturned.

KANAIYALAL CHANDULAL MONIM vs INDUMATI T. POTDAR AND ANOTHER · Niyam