Supreme Court of India · 1997-04-10
MAHENDRA RAGHUNATHDAS GUPTA vs VISHVANATH BHIKAJI MOGUL &ORS
- Citation / case number
- SC 1996/76268
- Court
- Supreme Court of India
- Petitioner
- MAHENDRA RAGHUNATHDAS GUPTA
- Respondent
- VISHVANATH BHIKAJI MOGUL &ORS
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the issue of default in rent payment under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Court held that a tenant is not in default if they pay the rent within 30 days of receiving a notice demanding payment, thus protecting the tenant's right to remain in possession. The appeal was allowed, overturning the Bombay High Court's decision that had favored the landlords.