Supreme Court of India · 1983-12-07
MRS. WINIFRED ROSS & ANR. vs MRS. IVY FONSECA & ORS.
- Citation / case number
- SC 1982/63799
- Court
- Supreme Court of India
- Petitioner
- MRS. WINIFRED ROSS & ANR.
- Respondent
- MRS. IVY FONSECA & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that Section 13A1 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, is intended to allow members of the armed forces to recover possession of properties leased out during their service. The Court clarified that an ex-member cannot claim possession of a property acquired after retirement, as the essential requirement is that the individual must have been a landlord while in service. The appeal was dismissed, affirming the High Court's ruling that the plaintiff's claim was not valid under Section 13A1.