KANJI MANJI versus THE TRUSTEES OF THE PORT OF BOMBAY

KANJI MANJI versus THE TRUSTEES OF THE PORT OF BOMBAY

The suit for ejectment as laid for vacant possession of the site and in the City Civil Court was competent and not governed by the Rent Act, as section 4(1) excluded land belonging to Government or local authority from the Rent Act's operation; notice to one joint tenant was sufficient; impossibility for the appellant to evict sub-tenants did not defeat the Port Trust authorities' rights to vacant possession.

Parties
Appellant: Kanji Manji; Respondents: The Trustees of the Port of Bombay
Jurisdiction
India
Judgment Date
27 February 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment and Order Dated September 24, 1959
Outcome
Appeal dismissed
Legal Topics
Ejectment, Applicability of Rent Act, Joint Tenancy, Notice to Tenants, Jurisdiction of City Civil Court, Assignment of Tenancy, Eviction and Sub Tenants
Property Law Landlord Tenant Law Ejectment Applicability of Rent Act Joint Tenancy Notice to Tenants Jurisdiction of City Civil Court Assignment of Tenancy +1 more

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Parties

Kanji Manji

Appellant

The Trustees of the Port of Bombay

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment and Order Dated September 24, 1959

Legal Issues

  1. 1 Whether notice served upon only one of the lessees is valid in case of joint tenancy
  2. 2 Whether suit is bad for non-joinder of heirs/legal representatives of deceased joint tenant
  3. 3 Jurisdiction of City Civil Court for ejectment suit governed by Rent Act

Ratio Decidendi

The suit for ejectment as laid for vacant possession of the site and in the City Civil Court was competent and not governed by the Rent Act, as section 4(1) excluded land belonging to Government or local authority from the Rent Act's operation; notice to one joint tenant was sufficient; impossibility for the appellant to evict sub-tenants did not defeat the Port Trust authorities' rights to vacant possession.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Appellant ordered to vacate suit premises and deliver vacant possession thereof