Supreme Court of India · 1987-10-14
SMT. KAMLABAI & ORS. A v. vs MANGILAL DULICHAND MANTRI
- Citation / case number
- SC 1986/69735
- Court
- Supreme Court of India
- Petitioner
- SMT. KAMLABAI & ORS. A v.
- Respondent
- MANGILAL DULICHAND MANTRI
- Author
- G.L. OZA
- Bench
- G.L. OZA
Judgment text excerpt
The Supreme Court held that under Clause 13 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, a landlord requires permission only to terminate a tenancy, but this does not prevent a tenant from surrendering their lease either explicitly or implicitly. The Court found that the respondent had surrendered his tenancy rights through a compromise and an arbitration agreement, thus validating the decree for eviction. The Court ultimately upheld the execution of the decree, rejecting the respondent's claim that it was a nullity due to lack of prior permission under Clause 13.