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.