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.