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march 1994

Supreme Court of India · 1994-03-02

SMT. SHANTIBAI vs DINKAR BALKRISHNA VAIDYA(DEAD)BYLRS.&ORS

Citation / case number
SC 1981/63075
Court
Supreme Court of India
Petitioner
SMT. SHANTIBAI
Respondent
DINKAR BALKRISHNA VAIDYA(DEAD)BYLRS.&ORS
Author
S. MOHAN
Bench
S. MOHAN

Judgment text excerpt

The Supreme Court held that assignees from sub-lessees cannot claim protection under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as the original lessee and sub-lessees were not parties to the case. The Court clarified that a sub-tenant cannot create further sub-tenancies, referencing Jai Singh Morarji & Ors. v. Mir. Sovani Pvt. Ltd. & Ors., [1973] 2 SCR 603. The Court also ruled that Sections 14 and 15 of the Bombay Rent Control Act are inapplicable as there was no lawful sub-tenancy established by the occupants, thus dismissing the appeal.

SMT. SHANTIBAI vs DINKAR BALKRISHNA VAIDYA(DEAD)BYLRS.&ORS · Niyam