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april 1977

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.

MISTRY PREMJIBHAI VITHALDAS vs GANESHBHAI KESHAVJI · Niyam