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august 1971

Supreme Court of India · 1971-08-20

MANEKJI EDULJI MISTRY AND ORS. vs MANEKSHA ARDESHIR IRANI & ANR.

Citation / case number
SC 1966/60515
Court
Supreme Court of India
Petitioner
MANEKJI EDULJI MISTRY AND ORS.
Respondent
MANEKSHA ARDESHIR IRANI & ANR.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision that the appellants could not obtain possession of the suit property due to the respondents' status as protected tenants under the Bombay Tenancy Act, 1939 and 1948. The Court noted that the lease, originally for five years, was deemed extended to ten years under Section 23(1)(b) of the 1939 Act, and subsequently renewed until 28 February 1963 by amendments to the 1948 Act. The Court held that the respondents had acquired a vested right against termination of tenancy, thus affirming the High Court's ruling that the appellants' notices to quit were ineffective.

MANEKJI EDULJI MISTRY AND ORS. vs MANEKSHA ARDESHIR IRANI & ANR. · Niyam