Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

The Supreme Court examined challenges by Morvi and Junagadh Municipalities to the Gujarat Municipalities Rules governing consolidated property tax. Taxpayers had contested Rule 5, which allowed the actual rent received to be used as the annual letting value, alleging it was ultra vires Section 99(1)(i) read with Sectio…

The dispute concerned a lease of land in Bombay where Shree Krishna Woolen Mills, the lessee, sued Mahadev Kambekar (representing the lessor) for specific performance of the lease deed. The lessor filed a counter‑claim seeking eviction of the lessee and recovery of rent, which a Single Judge allowed along with the plai…

Shivram, a retired member of the armed forces, inherited a flat in 1964 that was already let to a tenant. He filed an eviction suit in 1971 on grounds of default and personal requirement. While the suit was pending, the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 was amended in 1975 to include Section…

The appellants, sons of a deceased property owner, claimed ownership of two rooms and alleged that the respondents were merely gratuitous licencees, while the respondents asserted they were tenants paying rent since 1982. The trial court found the respondents were licencees and granted possession to the appellants; the…

The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause him greater hardship …

Kalidas Chunnilal Patel, deceased and represented by his legal heirs, sued his tenant Ranchhodbhai Govindbhai for arrears of rent, notice charges, mesne profits and eviction on the ground of bona‑fide personal need. During the suit, a government notification brought the Bombay Rents (Hotel and Lodging House) Rates Cont…

The landlord, a retired government servant, filed an eviction petition under Section 13‑A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, claiming the premises for his own residence. The tenant argued that the landlord was not a "specified landlord" within the meaning of Section 2(hh) because he had le…

The landlord, who owned a shop room, sought eviction of his tenant to start an electrical goods business, claiming a diploma in Electrical Engineering but no prior experience. The trial court denied eviction, while the appellate court ordered eviction under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House …

The landlords of a premises in Kirkee Cantonment sued the tenant for possession and rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit was decreed, appealed, and a compromise decree was entered on 12 July 1967 giving the tenant time to vacate. After the Supreme Court’s decision in In…

The respondents leased a plot to the appellant for a flour mill and, after the lease expired, obtained a decree for possession when the appellant failed to vacate. While the appellant's appeal against the decree was pending, the Gujarat government notified that Part II of the Bombay Rents, Hotel and Lodging House Rates…

The plaintiffs, owners of a premises, filed an eviction suit under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, claiming bona‑fide need, against the original tenant Rustom D. Kumana. The tenant's son, Fali Rustomji Kumana, was impleaded claiming to be a tenant in his own right …

The landlords (appellants) sued the tenant (respondents) for eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, alleging non‑payment of rent for the six‑month period January‑June 1978. A notice of demand was served on 14 July 1978, giving the tenant until 14 August 1978 to pay. The tena…

The State of Maharashtra, as landlord, obtained a decree of ejectment against M/s Super Max International, the tenant, under sections 13(3)(a) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of tax defaults and the landlord's bona‑fide need. The High Court stayed execution …

The Supreme Court examined whether the President’s assent under Article 254(2) of the Constitution applies only to the specific repugnancies identified by the State or confers a blanket supremacy to the State law over all central statutes. The Court held that the President’s consideration and assent are limited to the …

The dispute arose when the landlady, Ashalata S. Guram, sought possession of a flat occupied by her former tenant S.P. Rao, who had allowed Sita Ratna Rao to stay as a licensee under a purported leave‑and‑licence agreement. After a series of decrees and appeals, the Small Causes Court held that Rao was in possession on…

The landlord sought eviction of three tenants occupying tenements where each unit comprised a front commercial room and a rear residential room, filing suit under the Transfer of Property Act on the ground that the Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947 (Bombay Act) did not apply to dual‑purpose…

The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court allowed the applications…

The Supreme Court considered an appeal by N. Bhatnagar, who occupied flat No. 52 in Shyam Niwas under a leave‑and‑licence agreement with a co‑partner member of Shyam Cooperative Housing Society. After the licence was terminated in 1965, the society and the member sought his eviction under section 91(1) of the Maharasht…

The appellants, successors of the original landlords, sued the tenant Janardhan Subajirao Wide for possession of a hotel premises leased under a deed that expressly prohibited assignment of the business. The tenant first executed a partnership deed with Krishna B. Shetty and subsequently executed an assignment agreemen…

The appellant-landlord filed a suit in 1992 seeking a permanent injunction against the tenant for constructing a permanent structure without consent, invoking Section 13(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The trial court partially decreed the suit, but the High Court later dismisse…

The tenant, Vithal N. Shetti, had occupied premises in Pune and erected a permanent structure (dining hall, kitchen, lavatory) in 1961. The landlord, Prakash N. Rudrakar, claimed the construction was done without his written consent and without municipal plan sanction, invoking Section 13(1)(b) of the Bombay Rents, Hot…

The original applicant, a tenant of the building's owner, became a member of a co‑operative society that purchased the building and was allotted the flat. She granted a licence to the original respondent over part of the flat, later terminated it and filed an ejectment suit under s.41 of the Presidency Small Causes Cou…

P.S. Sahni occupied a flat in Shyam Cooperative Housing Society under a written agreement dated 11 June 1969 that was labeled a "leave and licence" and expressly stated that the licensee would not claim tenancy. The Society and the licensor terminated the licence on 10 March 1972, after which Sahni refused to vacate an…

The appellants, a group of landlords, challenged Sections 5(10)(B), 11(1) and 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which fixed "standard rent" at the level prevailing on 1 September 1940 or at the first letting, thereby preventing rent increases. They argued that the provisions ha…

The appellants, landlords, sued the tenant (R‑1) and his alleged sub‑tenants (R‑2, R‑3) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging non‑payment of rent, unlawful sub‑letting and other grounds. The trial court dismissed the suit; the appellate court ordered eviction of …

The appellant, S.K. Jain, was inducted by the respondent, Royce Pereira, as a paying guest in 1971 and later claimed to be a licensee and tenant. The dispute centered on the interpretation of Section 5(6A) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically whether the licensor must res…

The Official Liquidator, appointed to wind up Chit Centre Pvt. Ltd., took possession of the company's office premises and sought the court's direction on how to dispose of them. The Bombay High Court directed that the premises be let on a caretaker basis, leading the liquidator to enter a caretaker agreement with Smt. …

The appellant, Narpatchand, occupied a flat in a multi‑storeyed building. The building was mortgaged with possession to the respondents, who became usufructuary mortgagees and thus landlords under the Bombay Rents Hotel and Lodging House Rates Control Act, 1947. The respondents served a quit notice and sued for evictio…

The Supreme Court examined the constitutional validity of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, which converted occupants of requisitioned premises into statutory tenants and ended the requisition. The petitioner…

The appellants, tenants of a three‑storeyed building, continued to occupy the premises after the owner sold it to the respondents. The Central Government, under Chapter XX‑A of the Income Tax Act, 1961, initiated acquisition proceedings, issued notices to the tenants, and eventually ordered acquisition, directing the t…

The landlords filed a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The dispute centered on whether a notice dated 7‑8‑1980, sent by registered post to the tenant company, was validly served under Section 106 of the Transfer of Property Act, and whether the tenants were in…

The landlord, Ahmed R.V. Peer Mohamed, let his property to Saraswatibai, who subsequently sub-let cabins to six petitioners. After serving a notice to quit on Saraswatibai in 1962, the landlord obtained a decree for her ejectment, which was executed and later extended to the petitioners. The petitioners claimed they we…

Gulabbai, the landlord, sued Nalin Narsi Vohra and others for vacant possession of a shop and arrears of rent, claiming the tenants were defaulters and that she needed the premises for her husband’s tax‑consultancy office. The trial court and the Additional District Judge held that the tenants were monthly payers, not …

The landlord (B.C. Bhutada) let the first floor of a building for residential use and part of the ground floor for non‑residential use to the tenant (G.R. Mundada), who also used a portion as a godown. The landlord sought eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 on the ground o…

The Supreme Court examined a lease where the tenant paid a monthly rent of Rs.900 plus a monthly education cess of Rs.120. The tenant fell into arrears and did not pay the amount within one month of a statutory notice of termination. The principal issues were whether the amendment to Section 12(3) of the Bombay Rents, …

Gold Field Leather Works let a building to a partnership firm, which sub‑let a shop to Manek Chand, who in turn sub‑let it to Sardar Tota Singh in 1952. Gold Field sued Manek for unlawful sub‑letting and obtained a decree for possession; Tota Singh later sued for a declaration that he was a lawful tenant and for an inj…

The Supreme Court examined a dispute where two firms (the appellants) were occupying rooms in a flat allotted to a member of a tenant co‑partnership housing society. The member had inducted the firms as tenants without the society’s consent, allegedly violating Section 29(2) of the Maharashtra Cooperative Societies Act…

The appellants purchased a 9.7 sq m shop in 1980 and later served notice to the tenant for non‑payment of rent and claimed a bona‑fide need to use the premises for their own betel‑nut and betel‑leaf retail business. The tenant contested, arguing that the appellants were jointly operating a family business, had acquired…

Union Bank of India, the landlord, sued for eviction of its tenant and the tenant's sub‑tenant, C.G. Shah, alleging rent default and unauthorised sub‑letting. Shah claimed he was a lawful sub‑tenant before the 1959 amendment of the Bombay Rents Act and alternatively a protected licensee under Section 15‑A of the Bombay…

The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to a lock‑out at his f…

The appellants, who were occupying a flat in Bombay as a gratuitous licensee, were evicted by a decree of the Small Causes Court under s.41(1) of the Presidency Small Causes Courts Act, 1882 (as amended by the Maharashtra Act of 1976). They appealed, arguing that the term "licensee" in the statute should be limited to …

The legal representatives of the deceased landlady, Smt. Ramkubai, filed a suit for possession of premises against the tenants, alleging default in rent, sub‑letting and a bona fide requirement to set up a Kirana shop for her son Bhikchand. The trial court granted eviction, but the appellate and High Courts reversed, f…

The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not execute the decree if the …

The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree Medico, formed part of…

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to arbitration. The trial cour…

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been declared a sick industria…

The landlord of a two‑storeyed building sought possession of a ground‑floor shop that had been let to a barber in 1958. After the original tenant died, his two sons continued occupying the premises and allegedly sub‑let part of it without permission. The landlord claimed arrears of rent for more than six months, that t…

The tenant of a residential premises died leaving a will that bequeathed the tenancy rights to her sister's son. The appellant, as executor, sought eviction of the respondents who were residing in the premises, arguing that the bequest conferred a tenancy. The respondents contended that a testamentary transfer amounted…

The landlords (appellants) let a building to Ms. Shanta Sabnis, who died leaving her daughter (second respondent) as the alleged heir. The landlords sued for eviction on the ground that the premises had been unlawfully sub‑let to the first respondent and his sister, invoking Section 13(1)(e) of the Bombay Rents, Hotel …

Mrs. Meenal Eknath Kshirsagar, owner of a flat in Bombay, filed a suit for eviction of a firm and its partner, claiming she and her husband had no other residential premises and therefore required the suit premises for personal occupation. The husband had previously been a tenant of a two‑bedroom flat (Olympus) and lat…

The premises allotted to the appellant's mother under the Bombay Land Requisition Act were occupied by the appellant after her death. The respondent landlord obtained a court order for derequisition and possession, and the State Government ordered the appellant to vacate by 30‑August‑1996. The Supreme Court, while dism…

The landlord sought eviction of the tenants under the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide need to demolish the building and construct a gold and silver ornaments factory. The lower courts upheld the eviction, citing sections 12(1)(f) and 12(1)(h), and the tenants contended that if the ev…

The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes and contested the e…

The appellant, brother of the original tenant, continued to pay rent after the landlords directed payment to new persons and later sold the property to the respondents without giving the tenant notice of the sale. After a notice dated 29 September 1986 demanding arrears, the appellant tendered the rent by cheque to the…

In Om Prakash v. Bhagwan Das, the landlord (appellant) sought eviction of the tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the premises and offering the tenant a reasonably suitable alternative accommodation. The Prescribed…

The mortgagors mortgaged a house with possession to a business firm in 1947, authorising the mortgagee to rent out the premises but obliging him to return possession on redemption. After the original tenant vacated, the mortgagee inducted Jadavji Purshotiam as a tenant in 1956. The mortgage was redeemed in 1972, and th…

The appellants, statutory tenants of a premises in Thane, were served a notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 demanding payment of rent arrears of Rs.800 for the period September 1971 to December 1972. They failed to pay and raised no dispute about the amount of…

The Sind Maharashtra Co‑operative Housing Society, a tenant‑co‑partnership society, sued its member (respondent 2) and the appellant who was occupying a flat as a licensee since December 1970, seeking vacant possession under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. The society alleged default in …

The appellant sought possession of premises that had been requisitioned under the Bombay Land Requisition Act, 1948 and later allotted to a government servant (respondent No.3). The requisition order was set aside, but the servant continued in possession after retirement and after a derequisition order. The State amend…

The owners of a plot of land (Hotel Kings) leased the land to a company which assigned the lease to Yashdhir Hotels. The lease deed expressly required monthly rent, but the lessee argued that rent was payable every six months because rates and taxes, payable by the lessee, formed part of the rent. The trial court held …

The landlord filed an eviction suit under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that tenant Bakerali Fatehali had unlawfully sublet or transferred his interest in a shop to his two sons. Bakerali had originally taken the shop on his own name, later entered into …

The tenant, Addissery Raghuvan, occupied two shop rooms in a building owned by the landlord, Cheruvalath Krishnadasan, who filed eviction petitions under Sections 11(2)(b), 11(8) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965, claiming a bonafide need for additional accommodation. The trial cou…

Kusum Devi, the landlady, filed a suit for eviction of tenant Mohan Lal under sections 12(1)(e) and 12(1)(g) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for residential occupation and for repairs because the premises were unsafe. The trial court and the first appellate court granted…

The plaintiff, a retired Indian Army officer, acquired a portion of a property by gift after his retirement and sought to evict a tenant under section 13A(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, producing a certificate from the Army. The trial court granted the eviction, but the High Co…

The landlord filed a Special Leave Petition challenging a Gujarat High Court order that had set aside an appellate decree allowing eviction of the tenant under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The tenant had been in arrears of rent before the suit and on the date of…

The plaintiff, a landlord, leased two plots of land to the defendant, who was permitted to erect buildings. The defendant built a three‑storey structure on one plot but repeatedly defaulted on rent and tax payments, leading to forfeiture of the lease. The landlord sued for ejectment of both the land and the superstruct…

The plaintiff, a hotel operator, entered into a 1967 agreement with the owner (defendant) described as an “agreement for conducting” the hotel business, wherein the plaintiff paid a monthly royalty and was responsible for expenses, while the owner retained ownership. After the owner served notice to vacate, the plainti…

Mohan Laxman Hede (appellant) was a tenant of a shop owned by Noormohamed Adam Shaikh (respondent). After being served a notice for rent arrears, the appellant paid the arrears and thereafter deposited rent in court at irregular intervals, sometimes a few days late and sometimes in advance. The respondent sued for poss…

The landlord (respondent) leased a shop in Baroda to Bai Maniben Dhirajlal Shah for a monthly rent of Rs. 22. After her death, Maniben bequeathed her tenancy right under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 to Bhavarlal Labhchand Shah (petitioner) by a will, which was probated. The landlord…

Natraj Studios (P) Ltd. held a "leave and licence" agreement with Navrang Studios for the use of two film studios, associated premises and equipment. After Navrang sought possession in 1979, Natraj filed a suit in the Court of Small Causes claiming to be a monthly tenant, and also challenged the arbitration clause in t…

The appellant, Helper Girdhb... (a tenant), was sued for unlawful subletting of premises leased for cloth manufacturing. He claimed the premises were used by a genuine partnership (Bharat Neon Signs) of which he was a partner, and therefore no subletting occurred. The trial court found subletting and decreed possession…

The appellant, a landlord, obtained a decree of eviction against B.R. Cotton Mills Ltd. (respondent No.1) but the High Court granted the tenant eight weeks to vacate subject to an undertaking not to part with possession. Respondent No.1, through its director, filed the undertaking without stating that it was in possess…

Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the grounds of rent default …

The landlord heirs of a one‑room premises filed suit for eviction of the tenant, Nirmala Ramchandra Kore, under Section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had alternate accommodation because her sons had built a house. The tenant contended that under …

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under Section 12(3) of the Bomb…

The landlady, Ms. Rena Drego, sought eviction of her tenant under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, claiming a bona‑fide and reasonable need for additional accommodation for her large family. The trial court dismissed her suit, but the appellate Small Causes Court granted …

The plaintiffs sought redemption of a 99‑year mortgage executed in 1943 and possession of the mortgaged urban property from tenants inducted by the mortgagees. The mortgage deed imposed harsh conditions, including a clause that interest on a portion of the loan could be paid only at redemption after 99 years, effective…

The plaintiff, having purchased a plot of land, leased it to the defendant for Rs.1325 per annum under a registered rent note that required payment of rent even if the premises were not used. The lease stipulated that the tenant would not sub‑let and would remove any constructions on expiry. The defendant ceased using …

The original landlord, Mohammad Yahya, had authorized Fatimabi to collect rent. When municipal taxes remained unpaid, the Municipal Council attached the house and sold it at public auction to Fatimabi, who later transferred the title and the right to recover rent arrears to Sheikh G.S. Ibrahim. The tenants refused to r…

The appellants, sub‑tenants of a godown owned by the Bombay Port Trust, were served notice to vacate after their lease expired and the landlord sued for possession. The appellants claimed protection under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically sub‑section (4)(a) of section 4, …

Dwarkaprasad, the Karta of a joint Hindu family, owned a property in Nasik that he let to Niranjan under a lease deed executed by all family members. He filed an eviction suit on grounds of rent default and bonafide requirement of the premises for himself, his son and his younger brothers. The trial court granted evict…

The appellant, Feroze N. Dotivala, occupied a portion of a terrace flat owned by the respondents after paying compensation in 1969. The respondents later demanded a written acknowledgment that he was a "paying guest"; he refused and obtained a decree declaring him a deemed tenant. The High Court reversed, holding he wa…

The appellants, landlords, obtained a trial decree for possession of a house in Memari, West Bengal, on grounds of rent arrears and need for demolition. The respondent appealed, and while the appeal was pending the West Bengal Premises Tenancy Act, 1956 was extended to Memari, introducing Section 13 which bars possessi…

The Parsee Girls' School Association, a public trust, leased two floors of its school building to New India Assurance Company Ltd. (NIAC) in 1954. NIAC sub‑let the premises to the Ministry of Food and Civil Supplies, Government of Maharashtra in 1959 without the trust's consent. The trust sought recovery of possession …

The appellant, Kanta Udharam Jagasia, claimed ownership of a flat and, as a Scientific Officer in BARC, sought eviction of her tenant under Section 13A(l)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Competent Authority granted eviction based on a certificate confirming her scientifi…

Chase Bright Steel Ltd., a tenant since 1963, was served a notice in 1977 by the landlord demanding arrears of permitted increases of Rs 56.50 per month from February 1976, along with allegations of unauthorized alterations and nuisance. The tenant applied under Section 11(3) of the Bombay Rents, Hotel and Lodging Hous…

The case concerned an 11,000 sq.ft. property originally mortgaged and then leased with a clause permitting sub‑leasing. The original lessee sub‑leased the land to two sub‑lessees, who constructed shops, further assigned their interests to other parties, and eventually the assignees sought protection under the Bombay Re…

The landlord let an apartment to a tenant in 1975. The tenant later shifted to another residence in 1981, but the tenant's husband's cousin continued to occupy the original premises. The landlord filed an eviction suit under Sections 13(1)(e) (sub‑letting) and 13(1)(k) (non‑use) of the Bombay Rents, Hotel and Lodging H…