Supreme Court of India · 1986-01-07
BHAVARLAL LABHCHAND SHAH vs KANAIYALAL NATHALAL INTAWALA
- Citation / case number
- SC 1985/66997
- Court
- Supreme Court of India
- Petitioner
- BHAVARLAL LABHCHAND SHAH
- Respondent
- KANAIYALAL NATHALAL INTAWALA
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that under Section 5(11)(c)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant cannot bequeath their tenancy rights to a person not specified in the Act after the lease's termination. The Court emphasized that the landlord should not be compelled to recognize a stranger as a tenant based on such a bequest, as it contradicts the legislative intent. The petitioner's claim was dismissed, affirming that tenancy rights are restricted to family members actively involved in the business at the time of the tenant's death.