Supreme Court of India · 2005-09-27
M.M.Bilaney & Anr vs Fali Rustomji Kumana
- Citation / case number
- AIRONLINE 2005 SC 956
- Court
- Supreme Court of India
- Petitioner
- M.M.Bilaney & Anr
- Respondent
- Fali Rustomji Kumana
- Author
- A.K. Mathur
- Bench
- Arun Kumar, A.K. Mathur
Judgment text excerpt
The Supreme Court addressed the issue of tenancy rights under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically regarding the status of a deemed tenant as per the 1973 amendment. The Court held that the respondent, as a deemed tenant, had the right to contest the eviction suit filed by the appellants, and that the decree against the original defendant was not validly executed. The appeal was dismissed, affirming the High Court's decision to remand the matter for trial, thereby upholding the respondent's tenancy rights.