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may 1990

Supreme Court of India · 1990-05-02

KRISHNA KUMAR KHEMKA vs GRINDLAYS BANK P.L:C. AND ORS.

Citation / case number
SC 1990/77151
Court
Supreme Court of India
Petitioner
KRISHNA KUMAR KHEMKA
Respondent
GRINDLAYS BANK P.L:C. AND ORS.
Author
K. JAYACHANDRA REDDY
Bench
K. JAYACHANDRA REDDY

Judgment text excerpt

The Supreme Court held that the Receiver appointed by the High Court had exceeded his authority by creating new tenancies, which violated the injunction order against transferring property. The Court interpreted 'transfer' under Chapter 21 Rule 5(a) of the Calcutta High Court Original Side Rules and Sections 5 and 205 of the Transfer of Property Act, concluding that surrender of part of a tenancy does not imply surrender of the entire tenancy. The Court ruled that the Receiver's actions were invalid, and the tenants were not entitled to occupy the premises under the West Bengal Premises Tenancy Act.

KRISHNA KUMAR KHEMKA vs GRINDLAYS BANK P.L:C. AND ORS. · Niyam