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november 1973

Supreme Court of India · 1973-11-30

NAGINDAS RAMDAS vs DALPATRAM ICHHARAM @ BRIJRAM AND ORS.

Citation / case number
SC 1972/60319
Court
Supreme Court of India
Petitioner
NAGINDAS RAMDAS
Respondent
DALPATRAM ICHHARAM @ BRIJRAM AND ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that under the Bombay Rent Act, 1947, specifically Sections 12 and 13, a Rent Court cannot pass a decree for eviction without satisfying itself of the existence of statutory grounds for eviction. The Court emphasized that parties cannot confer jurisdiction on the Rent Court to act beyond the legislative mandate. The Court found that if there is material before the Court indicating the existence of a statutory ground for eviction, the decree will be valid, even if based on a compromise. In this case, the admissions made in the compromise regarding arrears of rent validated the decree for eviction.

NAGINDAS RAMDAS vs DALPATRAM ICHHARAM @ BRIJRAM AND ORS. · Niyam