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may 2001

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.

Ashok Chintaman Juker & Ors vs Kishore Pandurang Mantri & Anr · Niyam