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august 1966

Supreme Court of India · 1966-08-23

MRS. MANORAMA S. MASUREKAR vs MRS. DHANLAXMI G. SHAH AND ANR.

Citation / case number
SC 1966/60053
Court
Supreme Court of India
Petitioner
MRS. MANORAMA S. MASUREKAR
Respondent
MRS. DHANLAXMI G. SHAH AND ANR.
Bench
BACHAWAT, R.S.

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 is entitled to recover possession if the tenant is in arrears for six months and neglects to pay within one month of a notice demanding rent. The Court clarified that a tenant cannot claim protection from eviction by merely showing readiness and willingness to pay after the default but before the suit's institution. Consequently, the Court upheld the eviction decree against the tenant, affirming the applicability of the specific provisions of Section 12(3)(a).

MRS. MANORAMA S. MASUREKAR vs MRS. DHANLAXMI G. SHAH AND ANR. · Niyam