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).