M/S HOTEL KINGS vs SARA FARHAN LUKMANI

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 found that the trial judge correctly determined the payment schedule and ruled that the lessors were not entitled to possession of the property. The appeal by Yashdhir Hotels Pvt. Ltd. was thus dismissed, affirming the lower court's decision.