GANPAT LADHA versus SASHIKANT VISHNU SHINDE

GANPAT LADHA versus SASHIKANT VISHNU SHINDE

Section 5(11)(c) of the Bombay Rent Act applies only to residential premises and not to business premises; for business premises, only those family members who carried on business with the tenant at the time of death may claim tenancy. Section 12(3)(b) provides protection to tenants only upon strict compliance with its conditions, without conferring discretionary jurisdiction. High Court's interference under Article 227 was unwarranted as it overlooked findings of fact and the statutory framework.

Parties
Appellant: Ganpat Ladha; Respondent: Sashikant Vishnu Shinde; Intervener: P. H. Parekh
Jurisdiction
India
Judgment Date
21 February 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Bombay High Court
Outcome
Appeal allowed; judgment and decree of High Court set aside; decree from appellate Bench of Small Causes Court restored.
Legal Topics
Rent Control, Eviction, Article 227 Powers, Definition of 'tenant', Interpretation of Bombay Rent Act
Constitutional Law Landlord Tenant Law Rent Control Eviction Article 227 Powers Definition of 'tenant' Interpretation of Bombay Rent Act

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Parties

Ganpat Ladha

Appellant

Sashikant Vishnu Shinde

Respondent

P. H. Parekh

Intervener

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Bombay High Court

Legal Issues

  1. 1 Whether Section 5(11)(c) of the Bombay Rent Act includes a member of tenant's family residing with him at time of death for business premises
  2. 2 Whether courts have discretionary jurisdiction under Section 12(3)(b) of Bombay Rent Act
  3. 3 Scope of High Court's power under Article 227 of the Constitution

Ratio Decidendi

Section 5(11)(c) of the Bombay Rent Act applies only to residential premises and not to business premises; for business premises, only those family members who carried on business with the tenant at the time of death may claim tenancy. Section 12(3)(b) provides protection to tenants only upon strict compliance with its conditions, without conferring discretionary jurisdiction. High Court's interference under Article 227 was unwarranted as it overlooked findings of fact and the statutory framework.

Court Disposition

Appeal allowed; judgment and decree of High Court set aside; decree from appellate Bench of Small Causes Court restored.

Orders

  • Respondent to pay costs of appellants.