Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2005

Supreme Court of India · 2005-09-27

M.M. BILANEY vs FALI RUSTOMJI KUMANA

Citation / case number
SC 2001/11033
Court
Supreme Court of India
Petitioner
M.M. BILANEY
Respondent
FALI RUSTOMJI KUMANA
Author
A.K. MATHUR
Bench
A.K. MATHUR ARUN KUMAR

Judgment text excerpt

The Supreme Court upheld the application of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically regarding the rights of tenants under Section 5(11) and the implications of a gift deed on tenancy rights. The Court ruled that the appellants, having executed a gift deed during the pendency of litigation, could not maintain eviction proceedings against the respondent, who claimed tenancy rights. The judgment of the High Court was affirmed, emphasizing the need for adherence to statutory provisions regarding tenant rights and the impact of changes in ownership on ongoing litigation.

M.M. BILANEY vs FALI RUSTOMJI KUMANA · Niyam