Supreme Court of India · 2006-02-16
Bansraj Laltaprasad Mishra vs Stanley Parker Jones
- Citation / case number
- AIR 2006 SUPREME COURT 3569
- Court
- Supreme Court of India
- Petitioner
- Bansraj Laltaprasad Mishra
- Respondent
- Stanley Parker Jones
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the Bombay High Court erred in dismissing the appellant's suit for possession and compensation based on the interpretation of the leave and license agreement under Section 52 of the Indian Easements Act, 1882. The Court established that the relationship between the parties was that of licensor and licensee, not landlord and tenant, and that the appellant was entitled to recover possession due to the respondent's breach of the agreement. The Court reversed the High Court's decision and directed the respondent to vacate the premises and pay the outstanding compensation.