NDLI: Rameshchandra Daulal Soni & Anr. Vs. Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Plaintiff purchased a property Bombay Rents Eviction Hotels & Lodging Houses Rates Control Act 1947 – s.5(11)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Bombay Rents, Hotels & Lodging Houses Rates Control Act, 1947 – s.5(11) – Eviction – Plaintiff purchased a property – As on the date of purchase the predecessor of defendants No.1 and 2 was the tenant of the said property – Defendants No.1 and 2 thereafter continued as the tenants – The plaintiff informed the defendants No.1 and 2 through the communication dated 06.12.1986 about the purchase and had sought for payment of the rents – Defendants failed to pay the same – The plaintiff termed the defendants No.1 and 2 as defaulters and instituted a regular civil suit seeking eviction – Trial Court decreed the suit and directed the defendants to handover actual physical possession of the suit property – Aggrieved, defendants No.1 and 2 filed appeal and the same was dismissed by the Appellate Court – The Revision Applications were also dismissed by the High Court – Defendants No.1 and 2 contended that in view of the death of the original tenant, two sisters who were also the legal heirs but were not made defendants – It was also contended by all the legal heirs that the suit property was an agricultural property and such rights inter-se between the parties were governed under the Maharashtra Tenancy and Agricultural Lands Act (MTAL Act) and the Civil Court did not have the jurisdiction – On appeal, held: The evidence available on record was assessed by the Trial Court as also the Appellate Court and have recorded a finding of facts – That such a finding was based on the oral evidence tendered and the documents that were relied upon and marked before the Trial Court, the finding of fact recorded cannot be considered as perverse so as to interfere in a proceeding of the present nature – So far as two sisters of defendants No.1 and 2 are concerned, their claim to be considered as the tenants under the statutory tenant is a belated claim as an after thought – Defendant No.1 in his evidence stated that he used the premises for storing food grain etc., there was no reference to the business being carried on jointly with his sisters – Further, the said sisters did not take any steps in any of the earlier proceedings from 1989 to 2015 to get themselves impleaded by contending that they were proper and necessary party – Insofar, contention to the effect that the suit property was an agricultural property, the said contention was never raised in the suit or as to whether the issue in the suit should be referred to the Authority under the MTAL Act – Further, there is no document to indicate the procedure contemplated under the MTAL Act was followed so as to conclude that the predecessor of defendants No.1 and 2 had become landlord of the property by operation of law so as to bar the jurisdiction of the Civil Court – Therefore, contentions urged by the defendants No.1 and 2 as also by all the legal heirs unsustainable.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2019 INSC 1240
Petitioner	Rameshchandra Daulal Soni & Anr.
Respondent	Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.
SCR	[2019] 17 S.C.R. 46
Judgement Date	2019-11-14
Case Number	9834

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

Rameshchandra Daulal Soni & Anr. Vs. Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.

Please Log-in to view this content

Laxmidas Morarji (dead ) By Lrs. Vs. Miss Behrose Darab Madan

Gulabbai Vs. Nalin Narsi Vohra and Ors.

Nalanikant Ramadas Gujjar Vs. Tulasibai (dead) By Lrs. and Ors.

Motiram Ghelabhai (dead) Through L. R. Maniram Motiram Vs. Jagan Nagar (dead) Through Lrs and Others.

Raghunath G. Panhale (dead) By Lrs. Vs. M/s. Chaganlal Sundarji and Co.

Nandkishor Savalaram Malu (dead) Through Lrs. Vs. Hanumanmal G. Biyani (d) Thr. Lrs. & Ors.

Patel Valmik Himatlal and Ors. Vs. Patel Mohanlal Muljibhai (dead) Through Lrs.

Anandi D. Jadhav (dead) By Lrs . Vs. Nirmala Ramchandra Kore and Ors .

Mistry Premjibhai Vithaldas Vs. Ganeshbhai Keshavji

Rameshchandra Daulal Soni & Anr. Vs. Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.

Rameshchandra Daulal Soni & Anr. Vs. Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.

Please Log-in to view this content

Similar Documents

Laxmidas Morarji (dead ) By Lrs. Vs. Miss Behrose Darab Madan

Gulabbai Vs. Nalin Narsi Vohra and Ors.

Nalanikant Ramadas Gujjar Vs. Tulasibai (dead) By Lrs. and Ors.

Motiram Ghelabhai (dead) Through L. R. Maniram Motiram Vs. Jagan Nagar (dead) Through Lrs and Others.

Raghunath G. Panhale (dead) By Lrs. Vs. M/s. Chaganlal Sundarji and Co.

Nandkishor Savalaram Malu (dead) Through Lrs. Vs. Hanumanmal G. Biyani (d) Thr. Lrs. & Ors.

Patel Valmik Himatlal and Ors. Vs. Patel Mohanlal Muljibhai (dead) Through Lrs.

Anandi D. Jadhav (dead) By Lrs . Vs. Nirmala Ramchandra Kore and Ors .

Mistry Premjibhai Vithaldas Vs. Ganeshbhai Keshavji

Rameshchandra Daulal Soni & Anr. Vs. Devichand Hiralal Gandhi (dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors.