VASANT GANESH DAMLE versus SHRIKANT TRIMBAK DATAR AND ANR.

VASANT GANESH DAMLE versus SHRIKANT TRIMBAK DATAR AND ANR.

Tenant cannot invoke Section 12(3) of the Bombay Rent Act at the appellate stage if not availed at trial stage. The expression 'such other date as the court may fix' refers only to the trial court's dates during suit proceedings and does not extend to dates fixed by appellate courts. The deposit of arrears at the appellate stage does not bar eviction if protection was not availed in original suit.

Parties
Appellant Tenant: Vasant Ganesh Damle; Respondent Landlord: Shrikant Trimbak Datar; Respondent: Another respondent
Jurisdiction
India
Judgment Date
05 March 2002
Procedural Posture
Civil Appeal / Final Supreme Court Appeal After High Court Writ Dismissal
Outcome
Appeal dismissed
Legal Topics
Eviction for Default in Rent Payment, Interpretation of Section 12(3) Bombay Rent Act, Appellate Jurisdiction Under Code of Civil Procedure Section 107
Rent Control Civil Procedure Eviction for Default in Rent Payment Interpretation of Section 12(3) Bombay Rent Act Appellate Jurisdiction Under Code of Civil Procedure Section 107

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Parties

Vasant Ganesh Damle

Appellant Tenant

Shrikant Trimbak Datar

Respondent Landlord

Another respondent

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Appeal After High Court Writ Dismissal

Legal Issues

  1. 1 Whether a tenant can invoke Section 12(3) Bombay Rent Act protection in appellate proceedings if not done at the trial stage
  2. 2 Interpretation of 'such other date as the court may fix' in Section 12(3) Bombay Rent Act
  3. 3 Whether deposit of arrears of rent at the appellate stage is sufficient to bar eviction

Ratio Decidendi

Tenant cannot invoke Section 12(3) of the Bombay Rent Act at the appellate stage if not availed at trial stage. The expression 'such other date as the court may fix' refers only to the trial court's dates during suit proceedings and does not extend to dates fixed by appellate courts. The deposit of arrears at the appellate stage does not bar eviction if protection was not availed in original suit.

Court Disposition

Appeal dismissed

Orders

  • Eviction order upheld
  • No order as to costs