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.