Supreme Court of India · 1964-10-01
MUNCIPAL CORPORATION FOR GREATER BOMBAY vs LALA PANCHAM OF BOMBAY & OTHERS
- Citation / case number
- SC 1964/90244
- Court
- Supreme Court of India
- Petitioner
- MUNCIPAL CORPORATION FOR GREATER BOMBAY
- Respondent
- LALA PANCHAM OF BOMBAY & OTHERS
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court upheld the constitutional validity of Sections 354R and 354RA of the Bombay Municipal Corporation Act, 1888, stating that the tenants' interest in the premises constitutes property under Article 19(1)(f) of the Constitution. The Court ruled that the provisions afford tenants an opportunity to object to clearance orders, thus the restrictions are reasonable. It was determined that tenants are 'persons aggrieved' and can appeal under Schedule GG, clause (2), but the High Court erred in allowing an amendment to the plaint that introduced a new case of fraud without basis.