Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hotel and Lodging House Rates Control Act 1947-S. 12(3) Rent Control and Eviction · Bombay Rents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control and Eviction Bombay Rents, Hotel and Lodging House Rates Control Act, 1947-S.12(3)--Eviction-Default in payment of rent-Application for depositing the arrears of rent-Not made on the first day of hearing of suit-Held, tenant not entitled to avail protection under S. 12(3)-Eviction order upheld-Code of Civil Procedure, 1908-S. 107. Words and Phrases Expression "such other date as the court may fix"-Meaning of in the context of S. 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Respondent-landlords filed a suit for eviction of appellant-tenant on the ground of default in payment of rent. The said suit was dismissed by the trial court. On appeal, the Appellate Court found that as the appellant-tenant had defaulted in payment of rent, he was liable to be evicted from the leased premises. Appellant-tenant's writ petition before the High Court was dismissed. Hence the present appeal.On behalf of appellant-tenant it was contented that appellant was not liable to be evicted as he had deposited the arrears of rent in the court in terms of the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; that even if the order of the trial court was not an order in terms of S. 12(3) of the Act, as the appeal was the continuation of a suit, the appellate court had the jurisdiction to pass the order in terms of S. 12(3) of the Act directing the tenant to deposit the arrears of rent and since the direction was complied with no decree of eviction could be passed. On behalf of respondent-landlords it was contended that the order of the trial court could not be termed to be an order within the meaning of S.12(3) of the Act and the order of the appellate court was passed without prejudice to the rights of the parties; that though the appeal was the continuation of the suit, the provisions of S. 12(3) being a concession conferred upon the tenant had to be availed of on the first day of hearing of the suit or on or before such other date as the court may fix which could not be stretched to authorize the tenant to avail the beneficial provision at any time according to his convenience and even· at the appellate stage. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 119 |
Petitioner | Vasant Ganesh Damle |
Respondent | Shrikant Trimbak Datar And Anr. |
SCR | [2002] 2 S.C.R. 198 |
Judgement Date | 2002-03-05 |
Case Number | 1838 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |