Supreme Court of India · 1975-09-29
PARADISE INDUSTRIAL CORPN BOMBAY vs KILN PLASTICS PRODUCTS
- Citation / case number
- SC 1973/60453
- Court
- Supreme Court of India
- Petitioner
- PARADISE INDUSTRIAL CORPN BOMBAY
- Respondent
- KILN PLASTICS PRODUCTS
- Author
- A. ALAGIRISWAMI
- Bench
- A. ALAGIRISWAMI
Judgment text excerpt
The Supreme Court examined the applicability of Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which allows for striking off the defense of a tenant for failure to deposit rent. The Court held that the Small Causes Court was competent to issue such an order and that the High Court erred in setting aside the ex parte decree for possession and rent recovery. The judgment reinstated the decree, affirming the necessity of compliance with rent deposit orders to maintain a defense in eviction proceedings.