JAYWANT S. KULKARNI & ORS. versus MLNOCHAR DOSABHAI SHROFF & ORS.

The tenant did not dispute the standard rent within one month from the notice, and neglected to pay arrears; thus, under s.12(3)(a), the court must pass a decree for eviction.

Parties: Appellants: Jaywant S. Kulkarni & ors.; Respondents: Minochar Dosabhai Shroff & ors.
Jurisdiction: India
Judgment Date: 09 August 1988
Procedural Posture: Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court
Outcome: Appeal dismissed
Legal Topics: Arrears of Rent, Termination of Tenancy, Eviction, Standard Rent, Bombay Rents, Hotel and Lodging House Rates Control Act

Landlord Tenant Rent Control Arrears of Rent Termination of Tenancy Eviction Standard Rent Bombay Rents, Hotel and Lodging House Rates Control Act

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Jaywant S. Kulkarni & ors.

Appellants

Minochar Dosabhai Shroff & ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court

Legal Issues

1 Whether non-payment of arrears of rent without dispute regarding standard rent after notice entitles landlord to eviction under s.12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Ratio Decidendi

The tenant did not dispute the standard rent within one month from the notice, and neglected to pay arrears; thus, under s.12(3)(a), the court must pass a decree for eviction.

Court Disposition

Appeal dismissed

Orders

Appellants have six months to vacate premises, subject to undertaking filed within six weeks to deliver vacant possession, pay rent/compensation until possession given, and not to induct anyone.
Parties to bear their own costs.