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.