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december 1996

Supreme Court of India · 1996-12-12

M/S. COX & KINGS LTD. & ANR vs SMT.CHANDER MALHOTRA

Citation / case number
SC 1989/72536
Court
Supreme Court of India
Petitioner
M/S. COX & KINGS LTD. & ANR
Respondent
SMT.CHANDER MALHOTRA
Author
K. RAMASWAMY,S.B. MAJMUDAR,G.T. NANAVATI
Bench
K. RAMASWAMY,S.B. MAJMUDAR,G.T. NANAVATI

Judgment text excerpt

The Supreme Court upheld the eviction order under Section 14(1)(b) of the Delhi Rent Control Act, confirming that the transfer of leasehold interest from a Foreign Company to an Indian Company constituted sub-letting. The Court rejected the appellants' argument that the transfer was involuntary due to the Foreign Exchange Regulation Act, 1973, stating that the requirement for landlord consent applies regardless of the circumstances of the transfer. The appeal was dismissed, affirming the lower courts' decisions.

M/S. COX & KINGS LTD. & ANR vs SMT.CHANDER MALHOTRA · Niyam