NDLI: Krishanlal Ishwarlal Desai Vs. Bai Vijkor and Others

Krishanlal Ishwarlal Desai Vs. Bai Vijkor and Others

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Krishanlal Ishwarlal Desai Vs. Bai Vijkor and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rents and Rates Control
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Rents and Rates Control - Recovery of possession by landlord - Reasonable and bonafide requirement for occupation or construction - Failure of landlord to occupy within one month - Whether tenant entitled to get possession - Bombay Rents, Hotel and Lodging House Rates Control Act., 1947 (Bom. 57 of 1947), ss. 13 (1) (g), 13 (1) (i), 17 (1). The appellant is the owner of a vacant plot of land of which the respondents were the tenants. The former applied to the court for ejectment of the latter and for getting possession under s. 13 (1) (g) and (e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 19+7 on the grounds that he reasonably required the land for occupation by himself and for erection of new buildings. The trial court found in favour of the appellant on the first ground but rejected his claim under the second ground. Though cross appeals were filed the appellate court substantially upheld the order of the court below. Thereafter the appellant took possession about four months later and started storing materials for sanitary works and buildings even though at the trial his case was that he wanted the land for storing of timber. The respondents applied under s. 17 (I) of the Act to the trial court to obtain possession of the premises on the ground that the appellant had failed to occupy the premises within one month of his recovery of possession. The trial court rejected their application but the appellate court allowed the appeal filed by them. The revision petition filed by the appellant was summarily rejected by the High Court. The present appeal is by way of special leave granted by this Court. The appellant's contention before this Court was that the period of limitation of one month prescribed under s. 17 (I) would be applicable to an order under s. 13 (1) (i) and not to one passed under s. 13 ( 1) (g).
Judge	Honble Mr. Justice P.B. Gajendragadkar
Neutral Citation	1963 INSC 5
Petitioner	Krishanlal Ishwarlal Desai
Respondent	Bai Vijkor And Others
SCR	[1964] 1 S.C.R. 553
Judgement Date	1963-01-18
Case Number	804

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