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KANAIYALAL CHANDULAL MONIM v. INDUMATI T. POTDAR AND ANOTHER

Supreme Court of India | Diary 83/1956

Status

Judgment

Decided On

1958-02-20

Bench

SINHA, BHUVNESHWAR P.

Petitioner

KANAIYALAL CHANDULAL MONIM

Respondent

INDUMATI T. POTDAR AND ANOTHER

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6

PETITIONER: KANAIYALAL CHANDULAL MONIM

Vs.

RESPONDENT: INDUMATI T. POTDAR AND ANOTHER

DATE OF JUDGMENT: 20/02/1958

BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER SUBBARAO, K.

CITATION: 1958 AIR 444 1958 SCR 1394

ACT: Municipal Law-Water Supply-Landlord withholding essential supply-Tenant not in enjoyment after enactment-Conviction of landlord-Legality-Bombay Rents Hotel and Lodging House Rates Control Act (Bom. LVII of 1947), S. 24.

HEADNOTE: Section 24(1) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, provides: " No landlord either himself or through any person acting or purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him." By Explanation 11 : " For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority." The appellant was prosecuted under S. 24 of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, on a complaint by the tenant, the first respondent, on June 14, 1954, for having refused or neglected to have water connection made for the premi...

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