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.