Supreme Court of India · 2016-11-29
NANDKISHOR SAVALARAM MALU (DEAD) THROUGH LRS. vs HANUMANMAL G.BIYANI(D) BY LRS..
- Citation / case number
- SC 2010/19543
- Court
- Supreme Court of India
- Petitioner
- NANDKISHOR SAVALARAM MALU (DEAD) THROUGH LRS.
- Respondent
- HANUMANMAL G.BIYANI(D) BY LRS..
- Author
- ABHAY MANOHAR SAPRE A.K. SIKRI
- Bench
- ABHAY MANOHAR SAPRE A.K. SIKRI
Judgment text excerpt
The Supreme Court upheld the decision of the Trial Court which decreed eviction against the partners of the tenant firm under the Bombay Rent Control Act, while dismissing the suit against an employee of the firm, defendant no.1. The Court clarified that the tenant was the firm and not the individual employee, establishing that the landlord's right to evict was valid due to non-payment of rent. The judgment emphasized the necessity of privity of contract in landlord-tenant relationships, affirming the lower court's findings on tenancy and arrears.