Supreme Court of India · 1952-02-01
W.H. KING vs REPUBLIC OF INDIA AND ANOTHER.
- Citation / case number
- SC 1951/67
- Court
- Supreme Court of India
- Petitioner
- W.H. KING
- Respondent
- REPUBLIC OF INDIA AND ANOTHER.
- Bench
- SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court interpreted Section 19 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which prohibits tenants from receiving any consideration for relinquishing their tenancy. The Court held that the act of handing over possession of a flat in exchange for 'pugree' did not constitute a relinquishment of tenancy as defined by the statute. Consequently, the conviction of the tenant under Section 19(2) was reversed, emphasizing the distinction between assignment and relinquishment of tenancy rights.