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december 1952

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.

IMPORTERS AND MANUFACTURERS LTD. vs PHEROZE FRAMROZE TARAPOREWALAAND OTHERS. · Niyam