VASUMATIBEN GAURISHANKAR BHATT versus NAVAIRAM MANCHHARAM VORA AND ORS.

VASUMATIBEN GAURISHANKAR BHATT versus NAVAIRAM MANCHHARAM VORA AND ORS.

If the landlord has served notice under s. 12(2) and tenant has neglected to pay arrears of rent for more than six months within one month of the notice, the court is bound to pass a decree for eviction as per s. 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, notwithstanding the payment of arrears before the decree. The amended provision governs all suits filed after its commencement.

Parties
Appellant: Vasumatiben Gaurishankar Bhatt; Respondents: Navairam Manchharam Vora and Others
Jurisdiction
India
Judgment Date
14 August 1963
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Gujarat High Court Order in Civil Revision Application No. 175 of 1960
Outcome
Appeal dismissed
Legal Topics
Arrears of Rent, Eviction, Construction of Statutory Provisions, Protection of Tenants
Landlord and Tenant Law Arrears of Rent Eviction Construction of Statutory Provisions Protection of Tenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vasumatiben Gaurishankar Bhatt

Appellant

Navairam Manchharam Vora and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Gujarat High Court Order in Civil Revision Application No. 175 of 1960

Legal Issues

  1. 1 Whether section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as amended, required a fresh notice after amendment?
  2. 2 Whether section 12(3)(a) conferred a vested right on the tenant to deposit arrears during the pendency of proceedings?

Ratio Decidendi

If the landlord has served notice under s. 12(2) and tenant has neglected to pay arrears of rent for more than six months within one month of the notice, the court is bound to pass a decree for eviction as per s. 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, notwithstanding the payment of arrears before the decree. The amended provision governs all suits filed after its commencement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.