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october 1987

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.

MANEKLAL AND SONS vs TRUSTEES OF PORT OF BOMBAY & ORS. · Niyam