Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2006

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.

M/S Hotel Kings & Ors vs Sara Farhan Lukmani & Ors · Niyam