MST. SUBHADRA versus NARSAJI CHENAJI MARWADI

MST. SUBHADRA versus NARSAJI CHENAJI MARWADI

Since the plot, at the time of letting, was assessed for agricultural purposes, it did not qualify as 'premises' under s.5(8) of the Act, hence the application for fixation of standard rent was not maintainable.

Parties
Appellant: Mst. Subhadra; Respondent: Narsaji Chenaji Marwadi
Jurisdiction
India
Judgment Date
09 August 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Civil Revision Application No. 813 of 1953
Outcome
Appeal dismissed
Legal Topics
Standard Rent, Definition of Premises, Application of Rent Control Act to Land Assessed for Agricultural Purposes
Property Law Tenancy and Rent Control Standard Rent Definition of Premises Application of Rent Control Act to Land Assessed for Agricultural Purposes

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Parties

Mst. Subhadra

Appellant

Narsaji Chenaji Marwadi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Civil Revision Application No. 813 of 1953

Legal Issues

  1. 1 Whether a plot of land assessed for agricultural purposes at the time of letting falls within the definition of 'premises' under s.5(8) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947, and whether an application for fixation of standard rent under s.11 is maintainable

Ratio Decidendi

Since the plot, at the time of letting, was assessed for agricultural purposes, it did not qualify as 'premises' under s.5(8) of the Act, hence the application for fixation of standard rent was not maintainable.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs