Supreme Court of India · 1961-04-21
SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY vs SUBBASH CHANDRA YOGRAJ SINHA
- Citation / case number
- SC 1961/162
- Court
- Supreme Court of India
- Petitioner
- SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY
- Respondent
- SUBBASH CHANDRA YOGRAJ SINHA
- Author
- DAS, S.K.,KAPURL.,HIDAYATULLAH, M.,SHAHC.,AIYYAR, T.L. VENKATARAMA
- Bench
- DAS, S.K.,KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that Section 12(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, applies retrospectively to pending suits for possession, contrary to the High Court's ruling that it was prospective. The Court clarified that the landlord's right to recover possession is contingent upon the tenant's willingness to pay standard rent and comply with tenancy conditions, regardless of when the suit was filed. The appeal was allowed, reversing the High Court's decision.