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february 1978

Supreme Court of India · 1978-02-21

GANPAT LADHA vs SASHIKANT VISHNU SHINDE

Citation / case number
SC 1975/60618
Court
Supreme Court of India
Petitioner
GANPAT LADHA
Respondent
SASHIKANT VISHNU SHINDE
Author
M. HAMEEDULLAH () BEG
Bench
M. HAMEEDULLAH (CJ) BEG

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 5(11)(c) and Section 12(3)(b) of the Bombay Rent Act, 1947, determining that the definition of 'tenant' includes a family member of a deceased tenant residing with him at the time of death, applicable to business premises as well. The Court held that the High Court's view allowing discretion under Section 12(3)(b) was incorrect, emphasizing that strict compliance with the conditions laid down in the Act is necessary for eviction proceedings. The appeal was allowed, reversing the High Court's decision.

GANPAT LADHA vs SASHIKANT VISHNU SHINDE · Niyam