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may 1962

Supreme Court of India · 1962-05-04

BHAIYA PUNJALAL BHAGWANDDIN vs DAVE BHAGWATPRASAD PRABHUPRASAD

Citation / case number
SC 1962/47
Court
Supreme Court of India
Petitioner
BHAIYA PUNJALAL BHAGWANDDIN
Respondent
DAVE BHAGWATPRASAD PRABHUPRASAD
Author
RAGHUBAR DAYAL
Bench
RAGHUBAR DAYAL

Judgment text excerpt

The Supreme Court held that under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a landlord must properly determine the tenancy before filing for ejectment due to non-payment of rent. The court found that the notice to quit given by the landlords was valid, as the tenancy was not converted to one under the British Calendar. The court ruled that the tenant was not entitled to relief against forfeiture since the tenancy had been properly terminated, and the suit for ejectment was rightly decreed.

BHAIYA PUNJALAL BHAGWANDDIN vs DAVE BHAGWATPRASAD PRABHUPRASAD · Niyam