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september 1975

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.

PARADISE INDUSTRIAL CORPN BOMBAY vs KILN PLASTICS PRODUCTS · Niyam