Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1988

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.

JAYWANT S. KULKARNI & ORS. vs MINOCHAR DOSABHAI SHROFF & ORS. · Niyam