Supreme Court of India · 2001-05-09
Ashok Chintaman Juker & Ors vs Kishore Pandurang Mantri & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 2251
- Court
- Supreme Court of India
- Petitioner
- Ashok Chintaman Juker & Ors
- Respondent
- Kishore Pandurang Mantri & Anr
- Author
- D.P.Mohapatra
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that under Section 5(11)(c) of the Bombay Rent Control Act, 1947, the definition of 'tenant' includes all family members of the original tenant. The Court ruled that the appellant, being a minor and residing with the original tenant, had a right to be recognized as a tenant. Consequently, the consent decree obtained without impleading the appellant was not binding on him, leading to the conclusion that he could not be evicted under the decree. The appeal was allowed, setting aside the lower court's orders.