Supreme Court of India · 1991-02-20
SHRI PURAN SINGH SAHNI vs SMT. SUNDRIFBHAGWANDAS KRIPALANI .
- Citation / case number
- SC 1989/69653
- Court
- Supreme Court of India
- Petitioner
- SHRI PURAN SINGH SAHNI
- Respondent
- SMT. SUNDRIFBHAGWANDAS KRIPALANI .
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court analyzed the distinction between a leave and licence and a lease under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically referencing Sections 5(4A), 5(11)(bb), and 15A. The Court held that the appellant, who was granted temporary use of a flat, was a licensee and not entitled to the protections of a deemed tenant under Section 15A after the termination of the licence. The judgment clarified the jurisdiction of Co-operative Courts under Section 91 of the Maharashtra Co-operative Societies Act, 1960, affirming that the society could raise a dispute regarding possession against the appellant.