LUDHICHEM AGENCIES ETC. versus AHMED R.V. PEER MOHAMED AND ANR.

LUDHICHEM AGENCIES ETC. versus AHMED R.V. PEER MOHAMED AND ANR.

Petitioners are not entitled to statutory protection as either licensees or lawful sub-tenants under the Act; agreements for licence terminated with licensor's tenancy and sub-tenancy commenced after the relevant legislative cutoff, thus benefit of the Act is unavailable.

Parties
Petitioner: Ludhichem Agencies; Respondent: Ahmed R.V. Peer Mohamed; Respondent: Smt. Saraswatibai Dahyabhai Bhatt
Jurisdiction
India
Judgment Date
15 September 1981
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Slps Against Bombay High Court Order Rejecting Writ Petitions Under Article 227
Outcome
Petitions dismissed
Legal Topics
Statutory Protection of Sub Tenants, Licensee Rights, Bombay Rents Hotel and Lodging House Rates Control Act, Termination of Tenancy
Tenancy Law Statutory Protection of Sub Tenants Licensee Rights Bombay Rents Hotel and Lodging House Rates Control Act Termination of Tenancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ludhichem Agencies

Petitioner

Ahmed R.V. Peer Mohamed

Respondent

Smt. Saraswatibai Dahyabhai Bhatt

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Slps Against Bombay High Court Order Rejecting Writ Petitions Under Article 227

Legal Issues

  1. 1 Whether petitioners are lawful sub-tenants or protected licensees entitled to statutory protection under the Act
  2. 2 Whether petitioners can be deemed tenants upon landlord's determination of tenancy under relevant Act provisions

Ratio Decidendi

Petitioners are not entitled to statutory protection as either licensees or lawful sub-tenants under the Act; agreements for licence terminated with licensor's tenancy and sub-tenancy commenced after the relevant legislative cutoff, thus benefit of the Act is unavailable.

Court Disposition

Petitions dismissed

Orders

  • Petitioners allowed to remain in possession until September 30, 1982, provided they furnish an undertaking to hand over peaceful and vacant possession by that date, continue paying monthly amounts equal to that paid to Saraswatibai under the licence agreement, deposit all arrears within three months, and not induct...