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december 1964

Supreme Court of India · 1964-12-07

JESHWANTRAI MULUKCHAND vs ANANDILAL BAPALAL

Citation / case number
SC 1963/280
Court
Supreme Court of India
Petitioner
JESHWANTRAI MULUKCHAND
Respondent
ANANDILAL BAPALAL
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that eviction under clause (a) of Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, requires no dispute regarding standard rent, while clause (b) applies in cases of dispute. The Court found that since both parties had filed revisions, a dispute existed, thus protecting the tenant under clause (b). The High Court's reversal of the lower courts' decisions was overturned, and the appeal was allowed, maintaining the tenant's position.

JESHWANTRAI MULUKCHAND vs ANANDILAL BAPALAL · Niyam