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.