Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1974

Supreme Court of India · 1974-10-04

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

Citation / case number
SC 1973/60261
Court
Supreme Court of India
Petitioner
MANEKSHA ARDESHIR IRANI & ANR.
Respondent
MANEKJI EDULJI MISTRY & ORS.
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court ruled that the appellant is entitled to protection under Section 4B of the Bombay Tenancy and Agricultural Lands Act, 1948, which prevents termination of tenancy solely due to the expiration of the lease period. The Court affirmed the High Court's finding that the appellant was a protected tenant as of March 1, 1953, but clarified that the appellant could not claim benefits under Section 5 of the Amending Act, 1952. The judgment also remanded the case for further determination on damages, emphasizing the statutory deeming provision under Section 23(1)(b) of the Bombay Tenancy Act, 1939, which extended the lease duration.

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