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january 1986

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.

BHAVARLAL LABHCHAND SHAH vs KANAIYALAL NATHALAL INTAWALA · Niyam