MRS. WINIFRED ROSS & ANR. versus MRS. IVY FONSECA & ORS.

MRS. WINIFRED ROSS & ANR. versus MRS. IVY FONSECA & ORS.

Section 13A1 does not permit an ex-member of the armed forces to recover possession from a tenant in respect of a building acquired after retirement; benefit is conferred only if the member was landlord of the premises while in service.

Parties
Appellants: Mrs. Winifred Ross & Anr.; Respondents: Mrs. Ivy Fonseca & Ors.
Jurisdiction
India
Judgment Date
07 December 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court's Order in Special Civil Application No. 3025 of 1978
Outcome
Appeal dismissed
Legal Topics
Recovery of Possession, Rent Control, Armed Forces Eviction Rights, Interpretation of Statutory Provisions
Property Law Tenancy Law Recovery of Possession Rent Control Armed Forces Eviction Rights Interpretation of Statutory Provisions

Case Brief

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Parties

Mrs. Winifred Ross & Anr.

Appellants

Mrs. Ivy Fonseca & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court's Order in Special Civil Application No. 3025 of 1978

Legal Issues

  1. 1 Whether an ex-member of the armed forces who acquires title to property after retirement can recover possession under s.13A1 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Ratio Decidendi

Section 13A1 does not permit an ex-member of the armed forces to recover possession from a tenant in respect of a building acquired after retirement; benefit is conferred only if the member was landlord of the premises while in service.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no costs.