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february 2006

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.

Bansraj Laltaprasad Mishra vs Stanley Parker Jones · Niyam