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february 1959

Supreme Court of India · 1959-02-16

WAMAN SHRINIWAS KINI vs RATILAL BHAGWANDAS & CO.

Citation / case number
SC 1957/60109
Court
Supreme Court of India
Petitioner
WAMAN SHRINIWAS KINI
Respondent
RATILAL BHAGWANDAS & CO.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that Section 15 of the Bombay Hotel and Lodging Houses Rates Control Act, 1947, applies to contracts, allowing a landlord to sue for ejectment despite an agreement permitting sub-letting. The Court ruled that the landlord's right to evict is based on public policy and not merely on the contract, thus the plea of waiver by the tenant is invalid as it would enforce an illegal agreement. The appeal was dismissed, affirming the landlord's right to eject the tenant for sub-letting in violation of statutory provisions.

WAMAN SHRINIWAS KINI vs RATILAL BHAGWANDAS & CO. · Niyam