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1972 Supreme(Bom) 109

D.G.DESHPANDE
DHANRAJMAL GOBINDRAM AND CO. (P. ) LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT

This appeal raises a short question to the true interpretation of Section 24 of the Bombay Rents, Hotel and Lodging House Rates, Control Act, 1947, hereinafter referred to as "the Rent Act". There is practically no dispute about the facts. Building known as 'Calcot House' belonged once upon a time to Sir Cavasji Jahangir. It is a three storied building. The respondents hereinafter referred to as the "complainant" have been occupying the whole of the third floor as tenant from the year 1936 on payment of monthly rent of Rs. 188.71. A lift had been installed in the building even before the complainant became the tenant. This lift stopped working with effect from 13-12-1965 by which time Sir Cavasji Jahangir had ceased to be the owner and Messrs. Onkar Investment and Properties Limited had become owners instead. The Complainant called upon the said owners-Landlords to repair the lift and get the operation of the same restored. Owners seem to have pleaded their inability to comply with the requisition, as it involved an estimated expenditure of about Rupees 10,000/- and wanted the complainant to share the burden. The complainant, however, was not agreeable to the same and insi











































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