Bansgopal Ramacharya Mishra vs R.J.Yadav (Dec.) Thr. Smt. K. R. Yadav ...

ik-18278102 Bombay High Court 5 December 2024 • 19 min read

Judges (1)

Sandeep V. Marne Delivered

Counsel (3)

H.P. Pandey Counsel Applicant Mohan P. Patel Counsel Respondent Raj Patel Counsel Respondent

Parties (9)

Arvind Ramkaran Yadav Respondent Bansgopal Ramacharya Mishra Applicant Dwarika Ramkaran Yadav Respondent Harinarayan Ramkaran Yadav Respondent Hariprasad Ramkaran Yadav Respondent Hariraj Ramkaran Yadav Respondent Ramajor Jagannath Yadav Respondent Ramnarayan Ramkaran Yadav Respondent Virendra Ramkaran Yadav Respondent

Case Significance

Bansgopal Ramacharya Mishra vs R.J.Yadav (Dec.) Thr. Smt. K. R. Yadav ... is a Bombay High Court decision dated December 5, 2024 (citation: ik-18278102). The defendant-tenant filed a civil revision application challenging an appellate court decree for eviction on grounds of default in rent payment and subletting under the Bombay Rent Control Act. The court dismissed the revision, holding the trial court had erred in applying the 1987 amended provisions regarding deposit before the first date of hearing, and the appellate court correctly applied the original Section 12(3)(a) requiring payment within one month of the suit. The tenant was granted The case was heard by Justice Sandeep V. Marne. Counsel appearing: H.P. Pandey (counsel for applicant), Mohan P. Patel (counsel for respondent), Raj Patel (counsel for respondent).

Summary

The defendant-tenant filed a civil revision application challenging an appellate court decree for eviction on grounds of default in rent payment and subletting under the Bombay Rent Control Act. The court dismissed the revision, holding the trial court had erred in applying the 1987 amended provisions regarding deposit before the first date of hearing, and the appellate court correctly applied the original Section 12(3)(a) requiring payment within one month of the suit. The tenant was granted time until 31 March 2025 to vacate, subject to no creation of third-party rights.

What was the outcome of Bansgopal Ramacharya Mishra vs R.J.Yadav (Dec.) Thr. Smt. K. R. Yadav ...?

The defendant-tenant filed a civil revision application challenging an appellate court decree for eviction on grounds of default in rent payment and subletting under the Bombay Rent Control Act. The c...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-18278102)