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R.C.CHAVAN
Da’ Cunha Associates Private Limited – Appellant
Versus
Dilip Jhangiani – Respondent
Chavan R.C., J.—This Civil Revision Application is directed against judgment and order passed by the Appellate Bench of Court of Small Causes reversing judgment of the trial judge dismissing landlord’s suit and granting decree of applicant’s ejectment.
2. Facts which are material for deciding this Civil Revision Application are as under:
The respondent Nos. 1 to 4 (original plaintiffs) are the owners of the property known as “Elysium Mansion”, 7, Walton Road, Colaba, Mumbai=400 005. Premises known as Office No. 9 on the West Wing of 4th floor of said building admeasuring 970 square feet are the subject-matter of these proceedings. They were let out to Sterling General Insurance Company Limited. On 18th June, 1969 said Sterling General Insurance Company Limited gave these premises on licence to the present applicant. On 30th October, 1969, the applicant claims to have acquired from Indian Cotton Mills Federation a licence in respect of even the remaining 508 square feet of the West Wing on the 4th floor known as Office No.10 (not a subject-matter of these proceedings) and thus occupies in all 1475 square feet area on the West Wing, which, according to applicant, constitutes o
Malpe Vishwanath Acharya VS State Of Maharashtra - 1998 1 Supreme 124): This case is categorized as bad law because the provided text explicitly states that the existing provisions of the Bombay Rent Act "can no longer be considered to be reasonable." This indicates that the legal standing of those provisions has been undermined or superseded by subsequent developments or judicial shifts, rendering the original premise of the case effectively obsolete or overruled in practice.
Carona Ltd. VS Parvathy Swaminathan & Sons - 2007 7 Supreme 280): This case is categorized as valid law. The text explicitly states that "Section 3 (1) (b) of Maharashtra Rent Control Act, 1999 is not ultra vires," confirming its constitutionality and continued legal force. Saraswat Co-op. Bank LTD. VS State Of Maharashtra - 2006 8 Supreme 490): This case is categorized as valid law. It reinforces the previous finding by stating that the provisions of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, "are intra vires" and do not violate Article 14 of the Constitution.
Pratibha Singh VS Shanti Devi Prasad - 2002 8 Supreme 553): This case provides procedural guidance regarding the curing of defects in court records. It is categorized as active guidance rather than a statement of substantive law that could be overruled, as it outlines the application of Sections 152 or 47 of the CPC. Achal Misra VS Rama Shanker Singh - 2005 3 Supreme 469): This case is categorized as interpretive guidance. It establishes a procedural right to challenge a preliminary order (vacancy notification) within the context of a final order challenge under the Uttar Pradesh Urban Buildings Act. Anandram Chandanmal Munot VS Bansilalchunilal Kabra (Since Deceased) Through L. Rs - 1999 9 Supreme 346 Through L. Rs - 1999 9 Supreme 346](https://supremetoday.ai/doc/judgement/00100004187)): This case is categorized as interpretive guidance. It clarifies the rights of a sub-tenant under Section 14 of the Bombay Rent Control Act, specifically regarding their status as a direct tenant following a decree against the original tenant.
None. All cases provided contained sufficient context to determine their current status as either active legal interpretations/procedures or cases that have been rendered ineffective by subsequent legal standards.
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