Supreme Court of India · 1993-04-29
S.J. PANDE vs P.K. BALAKRISHNAN
- Citation / case number
- SC 1984/65217
- Court
- Supreme Court of India
- Petitioner
- S.J. PANDE
- Respondent
- P.K. BALAKRISHNAN
- Author
- R.M. SAHAI
- Bench
- R.M. SAHAI
Judgment text excerpt
The Supreme Court held that a contractual tenant cannot create a valid licence after the determination of their tenancy, as they possess no transferable rights. The Court clarified that a statutory tenant, whose tenancy has been determined, cannot grant a valid licence unless supported by specific statutory provisions. In this case, the licence created by the statutory tenant was deemed invalid under Section 15A of the Bombay Rent Act, leading to the conclusion that the respondent's occupation was not protected as a licensee.