MANEKSHA ARDESHIR IRANI & ANR. versus MANEKJI EDULJI MISTRY & ORS.

MANEKSHA ARDESHIR IRANI & ANR. versus MANEKJI EDULJI MISTRY & ORS.

Appellant, after loss of protected tenancy and expiration of contractual lease, remained a tenant by sufferance, not holding over with consent. Section 4B protection does not apply as no tenancy existed; s. 88B(2) inquiry does not require notice to appellant as it is between Collector and the Trust.

Source-derived case information.

Parties
Appellant: Maneksha Ardeshir Irani; Respondent: Manekji Edulji Mistry; Appellant: K. Rajendra Choudhary; Respondent: R.G. Samam; Respondent: P. C. Bhattari; Respondent: K. J. John; Respondent: J.B. Dadachanji; Respondent: O. C. Mathur; Respondent: Ravinder Narain
Jurisdiction
India
Judgment Date
04 October 1974
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Termination of Tenancy, Protected Tenancy, Notice Requirements, Tenant at Sufferance
Tenancy Law Agricultural Land Law Termination of Tenancy Protected Tenancy Notice Requirements Tenant at Sufferance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maneksha Ardeshir Irani

Appellant

Manekji Edulji Mistry

Respondent

K. Rajendra Choudhary

Appellant

R.G. Samam

Respondent

P. C. Bhattari

Respondent

K. J. John

Respondent

J.B. Dadachanji

Respondent

O. C. Mathur

Respondent

Ravinder Narain

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether appellant is entitled to protection under section 4B of Bombay Tenancy and Agricultural Lands Act, 1948
  2. 2 Whether appellant was entitled to notice during Collector's inquiry under section 88B(2)

Ratio Decidendi

Appellant, after loss of protected tenancy and expiration of contractual lease, remained a tenant by sufferance, not holding over with consent. Section 4B protection does not apply as no tenancy existed; s. 88B(2) inquiry does not require notice to appellant as it is between Collector and the Trust.

Court Disposition

appeal dismissed

Orders

  • Parties will pay and bear their own costs