ALLENBURRY ENGINEERS PRIVATE LTD . versus RAMAKRISHNA DALMIA & ORS.

ALLENBURRY ENGINEERS PRIVATE LTD . versus RAMAKRISHNA DALMIA & ORS.

The dominant purpose of the lease was not satisfactorily proved to be manufacturing; even if some parts were manufactured, the principal purpose was storage and resale, making manufacturing merely incidental. Therefore, the appellants could not challenge the legality of month's notice under s.106.

Parties
Appellant: Allenburry Engineers Private Ltd.; Respondents: Ramakrishna Dalmia & Ors.
Jurisdiction
India
Judgment Date
15 September 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated June 16, 1971 of the Bombay High Court in Special Civil Application No. 1604 of 1969
Outcome
Appeal dismissed with costs
Legal Topics
Tenancy, Lease for Manufacturing Purposes, Notice to Quit, Transfer of Property Act
Property Law Tenancy Lease for Manufacturing Purposes Notice to Quit Transfer of Property Act

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Parties

Allenburry Engineers Private Ltd.

Appellant

Ramakrishna Dalmia & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated June 16, 1971 of the Bombay High Court in Special Civil Application No. 1604 of 1969

Legal Issues

  1. 1 Whether the lease was for manufacturing purposes under s.106 of the Transfer of Property Act
  2. 2 Whether one month's notice was valid in terminating tenancy when lease alleged to be for manufacturing purposes

Ratio Decidendi

The dominant purpose of the lease was not satisfactorily proved to be manufacturing; even if some parts were manufactured, the principal purpose was storage and resale, making manufacturing merely incidental. Therefore, the appellants could not challenge the legality of month's notice under s.106.

Court Disposition

Appeal dismissed with costs

Orders

  • Appellant-company given one month's time from date of judgment to vacate and give quiet possession to respondent