Supreme Court of India · 2017-03-01
Dnyandeo Sabaji Naik And Anr vs Pradnya Prakash Khadekar And Ors
- Citation / case number
- AIRONLINE 2017 SC 515
- Court
- Supreme Court of India
- Petitioner
- Dnyandeo Sabaji Naik And Anr
- Respondent
- Pradnya Prakash Khadekar And Ors
- Author
- D Y Chandrachud
- Bench
- Sanjay Kishan Kaul, D Y Chandrachud, Jagdish Singh Khehar
Judgment text excerpt
The Supreme Court addressed the Special Leave Petitions arising from the Bombay High Court's orders regarding eviction from commercial premises under a conducting agreement. The Court held that the petitioners were in occupation based on a conducting agreement, thus establishing that the relationship was not that of licensor and licensee, which precluded the jurisdiction of the Small Causes Court under Section 41 of the Presidency Small Causes Courts’ Act. The Court condoned the delay in filing the petitions and upheld the findings of the lower courts regarding the nature of the tenancy and the eviction decree.