NDLI: Kulkarni Patterns Pvt. Ltd. and Ors. Vs. Vasant Baburao Ashtekar and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property Act
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) Transfer of Property (amendment) Supplementary Act, 1929 (21 of 1929)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Transfer of Property Act -Section 106-Termination notice-Sent by post-Service-Presumption and rebuttal. When arises. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947- Section 13 (1) (b)--Applicability of. The Respondents-landlords filed a suit for possession or the suit premises against the appellants on the ground or default in payment or rent, amongst others. The 7th Additional Small Causes Judge, dismissed the suit holding that the service or notice dated 7-8-1980 on the defendants terminating the tenancy was not proved, even though one out of the three acknowledgements due, had been received duly signed. As regards the question or default in payment or rent, the learned Judge took the view that the case did not fall under Section 12(J)(b) or the Act, as the defendants had paid Rs. 55,800 on 16.1.1984 and thereafter made regular payment or Rs. 600 every month. On appeal by the respondent· landlords, the learned Additional District Judge reversed the findings or the trial Court and decreed the suit. The learned Additional District Judge held that when the notices are sent by registered post, it is persuaded to have been served and mere denial by the tenants had no value, unless they proved some extraordinary happenings or events which prevented following or usual course of business. On the question or default in payment or rent the learned Judge held that as the defendants did not deposit the entire arrears on the first date or hearing and did not deposit the further rent during the pendency or the appeal, they persistently committed defaults during the pendency or the suit and also the appeal. The appellants thereupon filed a writ petition in the High Court challenging the validity of the aforesaid order or the learned Additional District Judge. The High Court dismissed the writ petition and affirmed the order passed by the learned Additional District Judge. Hence this appeal by the appellants, after obtaining special leave.
Judge	Hon'ble Mr. Justice N.M. Kasliwal
Neutral Citation	1992 INSC 14
Petitioner	Kulkarni Patterns Pvt. Ltd. And Ors.
Respondent	Vasant Baburao Ashtekar And Ors.
SCR	[1992] 1 S.C.R. 227
Judgement Date	1992-01-17
Case Number	4134

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Kulkarni Patterns Pvt. Ltd. and Ors. Vs. Vasant Baburao Ashtekar and Ors.

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Kulkarni Patterns Pvt. Ltd. and Ors. Vs. Vasant Baburao Ashtekar and Ors.

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