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december 1983

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.

MRS. WINIFRED ROSS & ANR. vs MRS. IVY FONSECA & ORS. · Niyam