Supreme Court of India · 1952-12-10
IMPORTERS AND MANUFACTURERS LTD. vs PHEROZE FRAMROZE TARAPOREWALAAND OTHERS.
- Citation / case number
- SC 1952/90
- Court
- Supreme Court of India
- Petitioner
- IMPORTERS AND MANUFACTURERS LTD.
- Respondent
- PHEROZE FRAMROZE TARAPOREWALAAND OTHERS.
- Bench
- DAS, SUDHI RANJAN
Judgment text excerpt
The Supreme Court ruled that under Section 28 of the Bombay Rents, Hotel and Lodging Rates Control Act, 1947, a suit for possession and compensation for use and occupation can be maintained in the Small Causes Court even if a sub-lessee is involved. The Court held that the suit was fundamentally one between a landlord and tenant, and the inclusion of the sub-lessee did not alter its nature. The Court affirmed that the Small Causes Court had jurisdiction to address claims arising under the Act, thus upholding the landlord's right to seek possession.