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april 1986

Supreme Court of India · 1986-04-17

GENERAL RADIO & APPLIANCES CO. LTD. & ORS. vs M.A. KHADER (DEAD) BY LRS.

Citation / case number
SC 1976/60931
Court
Supreme Court of India
Petitioner
GENERAL RADIO & APPLIANCES CO. LTD. & ORS.
Respondent
M.A. KHADER (DEAD) BY LRS.
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, a transfer of tenancy rights due to a court-sanctioned amalgamation does not exempt the transferee from eviction under Section 10(ii)(a) of the Act. The Court clarified that the transferee company, National Ekco Radio and Engineering Co. Ltd., cannot be considered a tenant as per Section 2(ix) of the Act, since the original tenant, General Radio and Appliance Co. (P) Ltd., was dissolved and no longer exists. The appeal was dismissed, affirming the High Court's decision to restore the eviction orders.

GENERAL RADIO & APPLIANCES CO. LTD. & ORS. vs M.A. KHADER (DEAD) BY LRS. · Niyam