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march 2016

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.

Jabal C.Lashkari & Ors vs Official Liquidator (Prasad Mills ... · Niyam