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october 1987

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.

SMT. KAMLABAI & ORS. A v. vs MANGILAL DULICHAND MANTRI · Niyam