VITHAL KRISHNA JI NIVENDKAR versus PARDUMAN RAM SINGH & ANOTHER

VITHAL KRISHNA JI NIVENDKAR versus PARDUMAN RAM SINGH & ANOTHER

Where a payment described as a 'donation' is in reality a consideration for obtaining the tenancy of premises, such payment falls within the scope of 'premium' or 'consideration' under section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, even if the landlord is a trustee acting on behalf of a charitable trust.

Parties
Appellant: Vithal Krishnaji Nivendkar; Respondents: Parduman Ram Singh & Another
Jurisdiction
India
Judgment Date
27 March 1962
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Premium or Consideration Under Rent Act, Donation as Consideration, Landlord Definition, Public Trust Leases, Sentence Under Rent Control Act
Rent Control Law Criminal Law Premium or Consideration Under Rent Act Donation as Consideration Landlord Definition Public Trust Leases Sentence Under Rent Control Act

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vithal Krishnaji Nivendkar

Appellant

Parduman Ram Singh & Another

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Bombay High Court

Legal Issues

  1. 1 Whether a sum paid ostensibly as a donation to a charitable trust for the grant of a lease comes within the meaning of 'fine, premium or other like sum or deposit or any consideration other than the standard rent' under section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
  2. 2 Whether the appellant, acting as a trustee and on behalf of a public trust, is a 'landlord' within the meaning of the Act.

Ratio Decidendi

Where a payment described as a 'donation' is in reality a consideration for obtaining the tenancy of premises, such payment falls within the scope of 'premium' or 'consideration' under section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, even if the landlord is a trustee acting on behalf of a charitable trust.

Court Disposition

Appeal dismissed

Orders

  • Conviction of appellant under section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, is upheld.
  • Sentence of imprisonment till the rising of the Court and a fine of Rs. 3251/- maintained.