MAGANLAL CHHOTALAL DESAI vs CHANDRAKANT MOTILAL

The Supreme Court held that under Section 20 of the Bombay Rents, Hotel and Lodging House Rents Control Act, 1947, a tenant can recover overpaid rent within six months, but if the claim is barred by limitation, it cannot be adjusted against future rent. The Court found that the appellant's right to recover excess rent paid before August 4, 1954, was barred after February 4, 1955, and thus could not be deducted from subsequent rent due. Consequently, the Court upheld the High Court's decision that the rent was in arrears and the appellant was not entitled to the protections under Sections 12(1) and 12(3)(b) of the Act.