PATEL CHANDULAL TRIKAMIAL & ORS. vs 1. RAORI PRABHAT HARJI2. RABARI MALJI RAIMAL (DEAD) BY LRS.

The Supreme Court held that the term in the rent note prohibiting encroachment on adjacent land constitutes a valid term of tenancy under Section 12(1) and Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Court found that the tenants' encroachment on the landlord's adjacent land constituted a breach of the tenancy terms, thus upholding the decrees against the tenants. The High Court's ruling that the term was not a condition of tenancy was overturned, affirming the landlord's rights.