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september 1961

Supreme Court of India · 1961-09-29

MRS. DOSSIBAI N. B. JEEJEEBHOY vs KHEMCHAND GORUMAL AND OTHERS

Citation / case number
SC 1958/165
Court
Supreme Court of India
Petitioner
MRS. DOSSIBAI N. B. JEEJEEBHOY
Respondent
KHEMCHAND GORUMAL AND OTHERS

Judgment text excerpt

The Supreme Court held that the terms 'let for residence, education, business or storage' in Section 6 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, encompass leases for open land intended for construction of buildings for such purposes. The Court affirmed that the lease of open land for the purpose of constructing buildings qualifies as 'letting for residence' or 'letting for business' under the Act. Consequently, the provisions of Part II of the Act apply, and the City Civil Court lacked jurisdiction to entertain the suits for recovery of rent, which must be presented to the appropriate special courts as per Section 28 of the Act.

MRS. DOSSIBAI N. B. JEEJEEBHOY vs KHEMCHAND GORUMAL AND OTHERS · Niyam