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1975 Supreme(SC) 302

A.N.RAY, K.K.MATHEW, Y.V.CHANDRACHUD
Bapubhai Mohanbhai: Nagardas Narandas – Appellant
Versus
Mahila Sahakari Udyog Mandir – Respondent


Advocates:
J.N.Shroff, Manju Jetley, P.H.Parekh

Judgment

CHANDRACHUD, J. :- The appellants in these two appeals are monthly tenants of the respondent the Mahila Sahakari Udyog Mandir. The respondent filed suits against the appellants for possession of the premises let out to them, on the ground of arrears of rent and on the ground that the premises were reasonably and bona fide required by the respondent for its own purposes. On both counts the trial Court held against the respondent and dismissed the suits. The decree of the trial Court was confirmed in appeal by the learned Assistant Judge. Surat but the High Court of Gujarat allowed the respondent s revision application and decreed the suits. On March 11, 1974 the High Court granted to the appellants a certificate to appeal to this Court under the amended Article.133(1) of the Constitution.

2. The Bombay Rents Hotel and Lodging House Rates Control Act, LVII of 1947 is in force in Gujarat with certain modifications. Section 12 (1) of the Act provides that a landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays or is ready and willing to pay the amount of the standard rent and permitted increases, if any and observes and performs















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