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february 1959

Supreme Court of India · 1959-02-02

DAMODHAR TUKARAM MANGALMURTIAND OTHERS vs THE STATE OF BOMBAY

Citation / case number
SC 1955/49
Court
Supreme Court of India
Petitioner
DAMODHAR TUKARAM MANGALMURTIAND OTHERS
Respondent
THE STATE OF BOMBAY
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that the lease in question is not void for uncertainty, interpreting 'fair and equitable' enhancement as requiring objective fairness rather than subjective determination by the lessor. The court affirmed that the lessee has the right to challenge the lessor's determination of rent in court, establishing that civil courts have jurisdiction to assess the fairness of rent enhancements. The suit brought by the appellants was deemed maintainable, allowing for judicial review of the rent increase proposed by the Government.

DAMODHAR TUKARAM MANGALMURTIAND OTHERS vs THE STATE OF BOMBAY · Niyam