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april 2011

Supreme Court of India · 2011-04-08

Board Of Trustees Of The Port Of Mumbai vs M/S Byramjee Jeejeebhoy P.Ltd.& Anr

Citation / case number
AIR 2011 SUPREME COURT 1793
Court
Supreme Court of India
Petitioner
Board Of Trustees Of The Port Of Mumbai
Respondent
M/S Byramjee Jeejeebhoy P.Ltd.& Anr
Author
Aftab Alam
Bench
Aftab Alam, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the Mumbai Port Trust breached the lease agreement dated May 10, 1886, which explicitly prohibited assignment of the leased property without written consent from the lessor, as per clause 4 of the lease. The Court affirmed the eviction order against the Mumbai Port Trust and the sub-tenant WBC Company, emphasizing that the prohibition against assignment was a fundamental term of the lease. The Court ruled that the plaintiff was justified in seeking eviction due to the breach of lease conditions, thereby upholding the lower court's decision.

Board Of Trustees Of The Port Of Mumbai vs M/S Byramjee Jeejeebhoy P.Ltd.& Anr · Niyam