MRS. MANORAMA S. MASUREKAR versus MRS. DHANLAXMI G. SHAH AND ANR.

MRS. MANORAMA S. MASUREKAR versus MRS. DHANLAXMI G. SHAH AND ANR.

In cases exactly covered by s. 12(3)(a), the tenant cannot claim immunity from eviction by tendering rent after the expiry of one month from notice, even if before suit. The special provisions of s. 12(3)(a) override the general protection of s. 12(1), and on satisfaction of said conditions, the court is bound to pass a decree for eviction.

Parties
Appellant: Mrs. Manorama S. Masurekar; Respondent No. 1: Mrs. Dhanlaxmi G. Shah; Respondent No. 2: Unknown
Jurisdiction
India
Judgment Date
23 August 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court Civil Revision Application No. 1579 of 1962
Outcome
Appeal dismissed with costs
Legal Topics
Eviction, Arrears of Rent, Readiness and Willingness to Pay, Interpretation of Rent Control Statutes
Tenancy Rent Control Eviction Arrears of Rent Readiness and Willingness to Pay Interpretation of Rent Control Statutes

Case Brief

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Parties

Mrs. Manorama S. Masurekar

Appellant

Mrs. Dhanlaxmi G. Shah

Respondent No. 1

Unknown

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court Civil Revision Application No. 1579 of 1962

Legal Issues

  1. 1 Whether a tenant falling under s. 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 can claim protection from eviction by showing readiness and willingness to pay arrears of rent before institution of the suit

Ratio Decidendi

In cases exactly covered by s. 12(3)(a), the tenant cannot claim immunity from eviction by tendering rent after the expiry of one month from notice, even if before suit. The special provisions of s. 12(3)(a) override the general protection of s. 12(1), and on satisfaction of said conditions, the court is bound to pass a decree for eviction.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs