Search Results Page
Search Results
1 - 10 of 13 (0.24 seconds)Article 227 in Constitution of India [Constitution]
Section 12 in The Delhi Rent Act, 1995 [Entire Act]
Mrs. Manorama S. Masurekar vs Mrs. Dhanlaxmi G. Shah And Anr on 23 August, 1966
16. In response to this submission, Mr. Abhyankar pointed out that the courts are left with no option whatsoever because of the wording of section 12(3)(a). He submitted, and to my mind with complete justification, that the first and primary duty of a tenant who takes premises from the landlord is to pay rent and to pay it as prescribed by law willingly and from time to time. If the tenant has committed a default, there is a breach of the terms of the lease and Mr. Abhyankar submits that the sole indulgence which the law permits the tenant is to pay up the arrears immediately on being asked to do so by notice and the legislature has prescribed the outer limit of one month within which this obligation has to be carried out. Once this time frame is over stapped the learned Counsel has pointed out that a decree in eviction has to follow as a matter of course. The only other situation in which the tenant can claim a defence is that there is a bona fide dispute about the quantum and if the tenant has moved the Court by way of a Standard Rent Application. Mr. Abhyankar relies on the well known decision of the Supreme Court , in the case of Mrs. Manorama M. Masurekar v. Mrs. Dhanlaxmi G. Shar and another, wherein the Supreme Court has virtually settled the legal position. That position in law has remained un-altered and in this view of the matter, it would not be possible or permissible to either consider or uphold any of the submissions canvassed by Mr. Kumbhakoni with regard to the question of arrears. I do find on the facts of the present case, that the tenant was in arrears on the date of the service of the notice and that the arrears were not paid up within the prescribed period of one month. In this view of the matter, the lower courts were also in error in not having passed a decree on this ground.
Baldeodas Mahavirprasad vs G.P. Sonavalla on 8 January, 1948
17. In response to the submissions canvassed by Mr. Kumbhakoni with regard to the unreasonableness of the view that a breach once committed under section 12(3)(a) is not curable and that it is not within the province even of the Court to condone the breach. Mr. Abhyankar has relied on two decisions of this Court. The first of them being reported in 50 Bom.L.R. page 233 in the case of Baldeodas Mahavirprasad v. G.P. Sonawalla, and the second one is reported in 51 Bom.L.R. page 874, in the case of Kaikhushroo Bezonjer v. Bai Jerbai. The point in question has been agitated several times before the courts and the position is now well settled that the breach virtually brings an end to the contract of lease.
Ganga Dutt Murarka vs Kartik Chandra Das And Others on 10 February, 1961
Mr. Abhyankar also drew my attention to a later decision of the Supreme Court, , in the case of Ganga Dutt Murarka v. Kartik Chandra Das and others, wherein the Supreme Court in a slightly different context had occasion to consider the status of a person holding over after the contract of tenancy has come to an end. The Court had clarified that there can be no question of continuance of the original contract by implication and the learned Counsel draws my attention to the clear position in law whereby a fresh contract of lease or tenancy would be necessary if the tenant were to be reinstated into the original status. It is under these circumstances, that Mr. Abhyankar submits that the breach is irreversible and therefore even if the suit is filed after some lapse of time that the cause of action still subsists.
Section 101 in The Indian Evidence Act, 1872 [Entire Act]
Section 102 in The Indian Evidence Act, 1872 [Entire Act]
Section 15 in The Delhi Rent Act, 1995 [Entire Act]
Babhutmal Raichand Oswal vs Laxmibai Raghunath Tarte on 19 November, 1971
7. As indicated by me above, the petitioner is represented by Mr. K.J. Abhyankar, her learned Counsel who is one of the Senior most in the field and virtually a veteran. On behalf of the respondent, Mr. Kumbhkoni, appears and I need to record that I have been deeply impressed by his skill and presentation of the matter. Mr. Kumbhkoni has commenced his submissions with the contention that this is a proceeding under Article 227 of the Constitution of India, and that the scope is extremely restricted particularly with regard to any aspect of the case relating to the appreciation of evidence. He has drawn my attention to the well known decision of the Supreme Court in , in the case of Babhutmal Raichand Oswal v. Laxmibai R. Tarte and another, wherein the Supreme Court virtually frowned upon the High Court treating the proceedings under the Rent Act particularly under Article 227 of the Constitution, as a second round of appeal and thereby permitting a denove re-examination of the entire record. In this respect, Mr. Kumbhkoni is perfectly justified in pointing out to this Court that the petitioner will be precluded from requesting the Court to re-appraise the evidence on record.