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august 1969

Supreme Court of India · 1969-08-28

OSMAN FAKIR MOHAMMED DIVECHA vs ALl AKBAR JAVED SADAKYA & ANR.

Citation / case number
SC 1967/151
Court
Supreme Court of India
Petitioner
OSMAN FAKIR MOHAMMED DIVECHA
Respondent
ALl AKBAR JAVED SADAKYA & ANR.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that Section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 does not apply to leases for constructing buildings of any description, as it is the purpose of the lease that determines applicability under Section 6(1). The Court clarified that the lease in question was for construction purposes and not specifically for residence, education, business, trade, or storage. Consequently, the eviction suits filed under Section 13(1) were upheld as valid, rejecting the appellant's contention that the lease was illegal and void under Section 18(1).

OSMAN FAKIR MOHAMMED DIVECHA vs ALl AKBAR JAVED SADAKYA & ANR. · Niyam