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april 1958

Supreme Court of India · 1958-04-28

Dr. K. A. DHAIRYAWAN AND OTHERS vs J. R. THAKUR AND OTHERS

Citation / case number
SC 1954/90259
Court
Supreme Court of India
Petitioner
Dr. K. A. DHAIRYAWAN AND OTHERS
Respondent
J. R. THAKUR AND OTHERS
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that the lease granted was solely for the land and did not extend to the building constructed thereon, thus the provisions of the Bombay Rents, Hotel and Lodging House Control Act, 1947, did not apply to the covenant for delivery of possession of the building. The Court clarified that the lessees retained ownership of the building, and the lessors had no rights over it during the lease term. Furthermore, the Act does not extend the lease beyond its specified term but provides statutory tenant status to lessees who remain in possession after the lease expires.

Dr. K. A. DHAIRYAWAN AND OTHERS vs J. R. THAKUR AND OTHERS · Niyam