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.