Supreme Court of India · 1963-09-05
ANAND NIVAS (PRIVATE) LTD. vs ANANDJI KALYANJI PEDHI & ORS.
- Citation / case number
- SC 1963/132
- Court
- Supreme Court of India
- Petitioner
- ANAND NIVAS (PRIVATE) LTD.
- Respondent
- ANANDJI KALYANJI PEDHI & ORS.
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that a statutory tenant, such as Maneklal, has no right to sublet the premises, and thus the appellant, claiming to be a sub-tenant, acquired no tenancy rights upon the determination of Maneklal's tenancy. The Court clarified that under Section 14 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as amended by the 1959 Ordinance, a statutory tenant cannot sublet as they possess only a personal right to resist eviction. The decree against Maneklal was binding on the appellant, who could not invoke the Transfer of Property Act or the Indian Registration (Bombay Amendment) Act, 1939 to claim possession of the premises.