S.J. PANDE versus P.K. BALAKRISHNAN

S.J. PANDE versus P.K. BALAKRISHNAN

In absence of any provision in the Bombay Rent Act equating statutory tenants with contractual tenants, a statutory tenant cannot create a valid licence. The respondent is not a licensee within the meaning of Section 15A.

Parties
Appellant: J. PANDE; Respondent: P.K. BALA KRISHNAN
Jurisdiction
India
Judgment Date
29 April 1993
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 25 of 1982
Outcome
Appeal allowed; High Court order set aside; Writ Petition dismissed.
Legal Topics
Statutory Tenancy, Licensing, Transferability of Interest, Bombay Rent Control Act
Property Law Tenancy Law Statutory Tenancy Licensing Transferability of Interest Bombay Rent Control Act

Case Brief

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Parties

J. PANDE

Appellant

P.K. BALA KRISHNAN

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 25 of 1982

Legal Issues

  1. 1 Can a statutory tenant create a valid licence?
  2. 2 Does a licensee created by a statutory tenant have immunity from eviction under Section 15A of the Bombay Rent Act?

Ratio Decidendi

In absence of any provision in the Bombay Rent Act equating statutory tenants with contractual tenants, a statutory tenant cannot create a valid licence. The respondent is not a licensee within the meaning of Section 15A.

Court Disposition

Appeal allowed; High Court order set aside; Writ Petition dismissed.

Orders

  • Order passed by the High Court in the Writ Petition is set aside.
  • Writ Petition stands dismissed.