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october 1989

Supreme Court of India · 1989-10-05

ARJUN KHIAMAL MAKHIJANI ETC. vs JAMNADAS C. TULIANI & ORS. ETC.

Citation / case number
SC 1989/72430
Court
Supreme Court of India
Petitioner
ARJUN KHIAMAL MAKHIJANI ETC.
Respondent
JAMNADAS C. TULIANI & ORS. ETC.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court upheld the eviction of tenants under Section 12(3)(a) of the Rent Control Act, confirming that the clause was applicable due to the tenants' default in rent payment. The Court clarified that Article 142 cannot be invoked to disregard mandatory statutory provisions, emphasizing that the landlord's right to seek eviction is statutory and not based on lease forfeiture. The Court also ruled that the amended sub-section (3) of Section 12 does not have retrospective effect, and the date for settlement of issues in a suit cannot be equated with other dates set in the proceedings.

ARJUN KHIAMAL MAKHIJANI ETC. vs JAMNADAS C. TULIANI & ORS. ETC. · Niyam