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march 1950

Supreme Court of India · 1950-03-21

SHETH MANEKLAL MANSUKHBHAI vs MESSRS. HORMUSJI JAMSHEDJI GINWALLAAND SONS.

Citation / case number
SC 1949/19
Court
Supreme Court of India
Petitioner
SHETH MANEKLAL MANSUKHBHAI
Respondent
MESSRS. HORMUSJI JAMSHEDJI GINWALLAAND SONS.
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court held that the correspondence between the defendant's predecessor and the Taluqdari Officer, along with the Government's sanction, constituted a valid contract for lease under Section 53-A of the Transfer of Property Act, 1882. The Court ruled that the defendant, having been put in possession and having paid rent for several years, could not be ejected as a trespasser despite the absence of a registered lease deed. Consequently, the judgment of the Bombay High Court was reversed, affirming the defendant's right to remain in possession.

SHETH MANEKLAL MANSUKHBHAI vs MESSRS. HORMUSJI JAMSHEDJI GINWALLAAND SONS. · Niyam