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august 1987

Supreme Court of India · 1987-08-26

MD. SALIM vs MD. ALl SINCE DECEASED THROUGH HISLRS. MD. ASSIM & ORS.

Citation / case number
SC 1987/70965
Court
Supreme Court of India
Petitioner
MD. SALIM
Respondent
MD. ALl SINCE DECEASED THROUGH HISLRS. MD. ASSIM & ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the petitioner was not a sub-tenant and was bound by the eviction decree against the tenant. The Court analyzed the agreement dated 1st September 1966, determining it did not constitute a sub-tenancy as there was no parting of possession, only a management arrangement. The definition of 'tenant' under Section 2(4) of the West Bengal Premises Tenancy Act, 1956, was found not to affect the petitioner's status, affirming the High Court's decision.

MD. SALIM vs MD. ALl SINCE DECEASED THROUGH HISLRS. MD. ASSIM & ORS. · Niyam