Supreme Court of India · 1987-10-14
MANEKLAL AND SONS vs TRUSTEES OF PORT OF BOMBAY & ORS.
- Citation / case number
- SC 1987/70966
- Court
- Supreme Court of India
- Petitioner
- MANEKLAL AND SONS
- Respondent
- TRUSTEES OF PORT OF BOMBAY & ORS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that the petitioners, as sub-lessees, were not entitled to protection under Section 4(1)(a) of the Bombay Rent, Hotel and Lodging Houses Rates (Control) Act, 1947, since the building was erected by the original lessee without any agreement with the lessor. The Court clarified that immunity under the Act applies only when the lessee constructs under a building lease, which was not the case here. The High Court's dismissal of the petitioners' objections was upheld, allowing them to remain in possession until September 15, 1988.