Supreme Court of India · 1977-04-14
MISTRY PREMJIBHAI VITHALDAS vs GANESHBHAI KESHAVJI
- Citation / case number
- SC 1976/60887
- Court
- Supreme Court of India
- Petitioner
- MISTRY PREMJIBHAI VITHALDAS
- Respondent
- GANESHBHAI KESHAVJI
- Author
- M. HAMEEDULLAH () BEG
- Bench
- M. HAMEEDULLAH (CJ) BEG
Judgment text excerpt
The Supreme Court held that under Section 12(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant is entitled to protection from eviction if they are ready to pay the standard rent and comply with the Act's conditions. The Court clarified that under Section 12(3)(b), no eviction decree can be passed if the tenant pays the due rent before the first hearing. The Court found that the tenant's failure to comply with the conditions of the Act disqualified him from protection, thus allowing the landlord's appeal for eviction.