Supreme Court of India · 2016-03-29
Jabal C.Lashkari & Ors vs Official Liquidator (Prasad Mills ...
- Citation / case number
- AIR 2016 SUPREME COURT 1601
- Court
- Supreme Court of India
- Petitioner
- Jabal C.Lashkari & Ors
- Respondent
- Official Liquidator (Prasad Mills ...
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, Prafulla C. Pant
Judgment text excerpt
The Supreme Court addressed the issue of the rights of lessors under the Bombay Rent Act, 1947, particularly Sections 12 and 13, in the context of a winding-up petition against Prasad Mills Ltd. The Court held that the official liquidator does not have the authority to sell leased property without the lessor's consent, emphasizing that non-payment of rent and non-user of the property could lead to eviction under the Act. The appeals against the High Court's order rejecting the applications for return of the leased property were allowed, reinforcing the rights of the lessors under the lease agreement and the Bombay Rent Act.