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september 2009

Supreme Court of India · 2009-09-18

Laxmidas Morarji (D) By Lrs vs Miss Behrose Darab Madan

Court
Supreme Court of India
Petitioner
Laxmidas Morarji (D) By Lrs
Respondent
Miss Behrose Darab Madan
Author
H.L. Dattu
Bench
H.L. Dattu, G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court upheld the decision of the Bombay High Court, affirming that under Section 5(11)(c)(i) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947, the respondent, having resided with the deceased tenant and being considered part of her family, is entitled to tenancy rights. The Court clarified that the Small Causes Court had jurisdiction to adjudicate the matter, and the claim of the respondent as a tenant was valid despite the original owner's objections. The appeals were dismissed, confirming the respondent's rights to the suit premises.

Laxmidas Morarji (D) By Lrs vs Miss Behrose Darab Madan · Niyam