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september 1996

Supreme Court of India · 1996-09-19

P.A. THOMAS & ANR vs M. MOHAMMED TAJUDDIN & ANR

Citation / case number
SC 1987/71123
Court
Supreme Court of India
Petitioner
P.A. THOMAS & ANR
Respondent
M. MOHAMMED TAJUDDIN & ANR
Author
K. RAMASWAMY,FAIZAN UDDIN,G.B.PATTANAIK
Bench
K. RAMASWAMY,FAIZAN UDDIN,G.B.PATTANAIK

Judgment text excerpt

The Supreme Court interpreted Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, determining that a tenant retains status if they maintain effective control over the business despite partnership changes. The Court held that the first defendant did not continue effective control post-partnership formation, as evidenced by the second defendant's management of the business. Consequently, the High Court's finding was upheld, and the matter was remitted for further evidence collection.

P.A. THOMAS & ANR vs M. MOHAMMED TAJUDDIN & ANR · Niyam