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1 - 3 of 3 (0.45 seconds)Laxminarayan Nandkishore Shravagi vs Keshardev Baijnath Narsaria on 4 September, 1956
7. Relianee has been placed by Mr. Vakil on the decision of Mr. Justice Shah reported in Laxminarayan Nandkishore v. Keshardev Narsaria (1956) 58 Bom. L.R. 1041. In that case the learned Judge was dealing with a ease where no application at all was made by the tenant and notwithstanding that the trial Court passed a conditional decree providing that if the rent in arrears was paid within a certain time, then no decree for eviction. The learned Judge took the viewand, with respect, rightlythat the Court had no jurisdiction to pass such a conditional decree, there being failure to pay the standard rent and the permitted increases and no application having been made as contemplated by Section 12(3)(b), it was obligatory on the Judge to pass a decree for eviction. Therefore, the point that arises before me did not arise before the learned Judge. But Mr. Vakil relies on certain observations which Mr. Justice Shah has made at page 1045. I must consider these observations with respect. At page 1045 the learned Judge says:
The Delhi Rent Act, 1995
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