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february 1991

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.

SHRI PURAN SINGH SAHNI vs SMT. SUNDRIFBHAGWANDAS KRIPALANI . · Niyam