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.