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february 1997

Supreme Court of India · 1997-02-19

M/S. ASHOK CATERERS vs M.C. OF GREATER BOMBAY(BEST UNDERTAKING)

Citation / case number
SC 1997/2893
Court
Supreme Court of India
Petitioner
M/S. ASHOK CATERERS
Respondent
M.C. OF GREATER BOMBAY(BEST UNDERTAKING)
Author
S. SAGHIR AHMAD K. RAMASWAMY
Bench
S. SAGHIR AHMAD K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the eviction order under Section 105-B(1) of the Bombay Municipal Corporation Act, affirming that the petitioner, whose monthly tenancy had expired, was in unauthorized occupation of the premises. The Court clarified that a tenant can be considered unauthorized if their authority to occupy has expired or been duly determined. The petitioner's reliance on Prakash Warehousing Co. v. Municipal Corporation of Greater Bombay was found to be misplaced, as the circumstances did not support his claim against the eviction order.

M/S. ASHOK CATERERS vs M.C. OF GREATER BOMBAY(BEST UNDERTAKING) · Niyam