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april 1997

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.

MAHENDRA RAGHUNATHDAS GUPTA vs VISHVANATH BHIKAJI MOGUL &ORS · Niyam