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.