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december 2007

Supreme Court of India · 2007-12-10

M/S.JAGANNATH KASTURCHAND YARN MERCHANTS vs RAJ KUMAR

Citation / case number
SC 2001/5225
Court
Supreme Court of India
Petitioner
M/S.JAGANNATH KASTURCHAND YARN MERCHANTS
Respondent
RAJ KUMAR
Bench
A.K.MATHUR & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court upheld the decree of eviction under Section 12(1)(b) of the M.P. Accommodation Control Act, 1961, confirming that the sub-tenancy created by the appellant was unlawful due to non-compliance with Section 15 of the Act, which mandates notice of sub-tenancy within six months of the Act's commencement. The Court clarified that the term 'before' in Section 15 refers to any time prior to the Act's enforcement date of 30.12.1961. Consequently, the Court affirmed the lower court's decision, allowing the eviction of the appellant from the suit premises.

M/S.JAGANNATH KASTURCHAND YARN MERCHANTS vs RAJ KUMAR · Niyam