Supreme Court of India · 2006-11-08
M/S Hotel Kings & Ors vs Sara Farhan Lukmani & Ors
- Citation / case number
- AIRONLINE 2006 SC 230
- Court
- Supreme Court of India
- Petitioner
- M/S Hotel Kings & Ors
- Respondent
- Sara Farhan Lukmani & Ors
- Author
- Altamas Kabir
- Bench
- B.P. Singh, Altamas Kabir
Judgment text excerpt
The Supreme Court held that under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, a tenant cannot be evicted for non-payment of rent if the rent is payable every six months and the tenant has not been in arrears for more than six months at the time of notice. The Court affirmed the trial court's decision to dismiss the lessors' suit for possession, emphasizing that the lessee's right to sublet was valid under the lease terms. The appeal by the lessors was consequently dismissed.