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october 1963

Supreme Court of India · 1963-10-22

VORA ABBASBHAI ALIMAHOMED vs HAJI GULAMNABI HAJI SAFIBHAI

Citation / case number
SC 1963/125
Court
Supreme Court of India
Petitioner
VORA ABBASBHAI ALIMAHOMED
Respondent
HAJI GULAMNABI HAJI SAFIBHAI
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 12(1) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947, a tenant can claim protection from eviction if they are willing and ready to pay the standard rent. The Court clarified that the term 'may' in Section 12(3)(a) is mandatory, obligating the court to grant eviction if conditions are met. The High Court's order for eviction was reversed, affirming the tenant's compliance with rent payment requirements and dismissing the eviction suit.

VORA ABBASBHAI ALIMAHOMED vs HAJI GULAMNABI HAJI SAFIBHAI · Niyam