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.