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june 2016

Supreme Court of India · 2016-06-29

Kalidas C. Patel (Dead) By Lrs vs Savitaben & Ors

Citation / case number
AIR 2016 SUPREME COURT 3053
Court
Supreme Court of India
Petitioner
Kalidas C. Patel (Dead) By Lrs
Respondent
Savitaben & Ors
Author
Abhay Manohar Sapre
Bench
Ashok Bhushan, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the District Judge's order and remand the case, emphasizing that the applicability of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, was established by the State Government's notification under Section 2(3) and Section 6(1A) of the Act. The Court clarified that the landlord's right to evict the tenant is contingent upon proving bona fide personal need and that the tenant's defense regarding payment of rent must be substantiated. The outcome reinforces the procedural adherence to the Act in landlord-tenant disputes.

Kalidas C. Patel (Dead) By Lrs vs Savitaben & Ors · Niyam