GOPALDAS KAKUBHAI THAKKAR Vs. JAMNABAI TEKCHAND MANGALANI

JUDGEMENT

(1.) The present matter was allowed by this Court on 10/10/2022.

(2.) After the dictation of the judgment in the open court and at the end of the second session and before signing of the judgment, learned advocate Mr.Gogia has pointed out the judgment of the Supreme Court in the case of Mranalini B. Shah vs. Bapalal Mohanlal Shah, 1980 4 SCC 251. Again a mention was made by him on the next day for rehearing of the matter by pointing out other judgements. After perusing the said judgments, since it was felt by me that the law enunciated by the Apex Court has direct bearing on the issue raised in the present application, it was ordered to be listed today i.e. on 13/10/2022.

(3.) Learned advocate Mr.Gogia has submitted that in fact, the issue is squarely covered in the aforesaid judgment and the judgment in the case Mohan Laxman Hede Vs. Noormohamed Adam Shaikh, 1988 (2) S.C.C. 481 as the tenant had not deposited the rent "regularly", as envisaged under Clause (b) of Sec. 23 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "Rent Act") and hence, the Appellate Court was justified in setting aside the judgment and decree of the Trial Court.