MD. SALIM versus MD. ALI SINCE DECEASED THROUGH HIS LRS. MD. ASSIM & ORS.

MD. SALIM versus MD. ALI SINCE DECEASED THROUGH HIS LRS. MD. ASSIM & ORS.

The agreement only conferred the right to manage the business without parting of possession of the premises; thus, it cannot be construed as sub-tenancy and the petitioner is bound by the decree of eviction.

Parties
Petitioner: MD. SALIM; Respondent: MD. ALI (since deceased) through his LRs. MD. ASSIM & ORS.
Jurisdiction
India
Judgment Date
26 August 1987
Procedural Posture
Special Leave Petition / Dismissal by Supreme Court
Outcome
petition dismissed
Legal Topics
Definition of Tenant, Sub Tenancy, Eviction
Tenancy Property Law Definition of Tenant Sub Tenancy Eviction

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MD. SALIM

Petitioner

MD. ALI (since deceased) through his LRs. MD. ASSIM & ORS.

Respondent

Procedural Posture

Special Leave Petition / Dismissal by Supreme Court

Legal Issues

  1. 1 Whether the petitioner was a sub-tenant not bound by decree of eviction against the tenant under section 2(4) of West Bengal Premises Tenancy Act, 1956

Ratio Decidendi

The agreement only conferred the right to manage the business without parting of possession of the premises; thus, it cannot be construed as sub-tenancy and the petitioner is bound by the decree of eviction.

Court Disposition

petition dismissed

Orders

  • Special Leave Petition dismissed.
  • No order as to costs.