Supreme Court of India · 1988-08-09
JAYWANT S. KULKARNI & ORS. vs MINOCHAR DOSABHAI SHROFF & ORS.
- Citation / case number
- SC 1982/63892
- Court
- Supreme Court of India
- Petitioner
- JAYWANT S. KULKARNI & ORS.
- Respondent
- MINOCHAR DOSABHAI SHROFF & ORS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under Section 12(2) and Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant in arrears for six months must be evicted if they fail to pay within one month of receiving notice, provided there is no dispute regarding the standard rent. The Court affirmed the lower courts' decisions, stating that the eviction order was mandated by law due to the tenant's neglect to pay the arrears. The appeal was dismissed, reinforcing the mandatory nature of eviction in such circumstances.