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september 1996

Supreme Court of India · 1996-09-25

ADAIR DUTT & CO. INDIA PVT. LTD. vs APPROPRIATE AUTHORITY,INCOME TAX DEPTT.

Citation / case number
SC 1994/6539
Court
Supreme Court of India
Petitioner
ADAIR DUTT & CO. INDIA PVT. LTD.
Respondent
APPROPRIATE AUTHORITY,INCOME TAX DEPTT.
Author
THOMAS
Bench
K.T. THOMAS KULDIP SINGH

Judgment text excerpt

The Supreme Court addressed whether a bona fide statutory tenant retains the right to possession after an order of purchase under Section 269-UE(1) of the Income Tax Act, 1961. The Court held that the tenant's rights are not extinguished by the vesting of property in the Central Government, as established in C.B. Gautam vs. Union of India, which invalidated the phrase 'free from all encumbrances'. The Court affirmed that the tenant's rights are protected under the Tamil Nadu (Lease and Rent Control) Act, 1960, and thus the appeal was allowed, reversing the High Court's decision.

ADAIR DUTT & CO. INDIA PVT. LTD. vs APPROPRIATE AUTHORITY,INCOME TAX DEPTT. · Niyam