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.