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august 1988

Supreme Court of India · 1988-08-31

LARSEN & TOUBRO LTD. CLUB HOUSE ROAD, MADRAS vs TRUSTEES OF DHARMAMURTHY, RAO BAHADURCALAVALA CUNNAN, CHETT

Citation / case number
SC 1988/70798
Court
Supreme Court of India
Petitioner
LARSEN & TOUBRO LTD. CLUB HOUSE ROAD, MADRAS
Respondent
TRUSTEES OF DHARMAMURTHY, RAO BAHADURCALAVALA CUNNAN, CHETT
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the Tamil Nadu City Tenant’s Protection Act, specifically Section 9, does not extend protection to a lessee when the lease pertains to a building with appurtenant land rather than just land. The Court affirmed the High Court's ruling that the lease was not of 'land' as defined by the Act, thus denying the company's claim for protection under Section 9. The judgment clarified that the determination of whether land is appurtenant to a building is a factual question, and the findings of the lower courts were upheld.

LARSEN & TOUBRO LTD. CLUB HOUSE ROAD, MADRAS vs TRUSTEES OF DHARMAMURTHY, RAO BAHADURCALAVALA CUNNAN, CHETT · Niyam