RAJU KAKARA SHETTY versus RAMESH PRATAPRAO SHIROLE AND ANR.

RAJU KAKARA SHETTY versus RAMESH PRATAPRAO SHIROLE AND ANR.

Where parties mutually agree to quantify the education cess and taxes and make them payable by the month (not exceeding actual liability), the rent is thereby payable by the month within the meaning of section 12(3)(a). Failure to pay arrears within one month from notice attracts eviction under section 12(3)(a), and tenant is not entitled to statutory protection from eviction.

Parties
Appellant Tenant: Raju Kakara Shetiy; Respondent Landlord: Ramesh Prataprao Shirolle; Alleged Sub Tenant: Second Respondent
Jurisdiction
India
Judgment Date
15 January 1991
Procedural Posture
Civil Appeal / Supreme Court – Appeal Against High Court Confirmation of Eviction
Outcome
Appeal dismissed; eviction upheld
Legal Topics
Eviction, Arrears of Rent, Education Cess, Permitted Increase, Retrospective Vs Prospective Operation of Statutes, Sub Letting
Tenancy Law Eviction Arrears of Rent Education Cess Permitted Increase Retrospective Vs Prospective Operation of Statutes Sub Letting

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Parties

Raju Kakara Shetiy

Appellant Tenant

Ramesh Prataprao Shirolle

Respondent Landlord

Second Respondent

Alleged Sub Tenant

Procedural Posture

Civil Appeal / Supreme Court – Appeal Against High Court Confirmation of Eviction

Legal Issues

  1. 1 Whether tenant is liable for eviction under section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
  2. 2 Whether payment of education cess annually brings the case within section 12(3)(b)
  3. 3 Whether parties may agree to monthly payment of annually assessed tax liability

Ratio Decidendi

Where parties mutually agree to quantify the education cess and taxes and make them payable by the month (not exceeding actual liability), the rent is thereby payable by the month within the meaning of section 12(3)(a). Failure to pay arrears within one month from notice attracts eviction under section 12(3)(a), and tenant is not entitled to statutory protection from eviction.

Court Disposition

Appeal dismissed; eviction upheld

Orders

  • Tenant to vacate by 31st December, 1991
  • Tenant liable for costs throughout