PRAMOD KUMAR JAISWAL AND ORS. versus BIBI HUSN BANO AND ORS.
Lease or tenancy does not get determined merely by tenant acquiring rights of some co-owner landlords; merger and determination of lease only occur if the entire landlord's rights (whole of the property) are acquired by the tenant. The appeal is dismissed as the appellants remain tenants with binding obligations under the Rent Control Act.
- Parties
- Appellant: Pramod Kumar Jaiswal and Ors.; Respondent: Bibi Husn Bano and Ors.
- Jurisdiction
- India
- Judgment Date
- 03 May 2005
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Doctrine of Merger, Extinguishment of Tenancy, Acquisition by Tenant, Co Owner Landlords, Statutory Attornment
Case Brief
Summary, issues, holding and outcome
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Parties
Pramod Kumar Jaiswal and Ors.
Appellant
Bibi Husn Bano and Ors.
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether acquisition of rights of some co-owner landlords by the tenant extinguishes the tenancy by merger under Section 111(d) of the Transfer of Property Act, 1882
Ratio Decidendi
Lease or tenancy does not get determined merely by tenant acquiring rights of some co-owner landlords; merger and determination of lease only occur if the entire landlord's rights (whole of the property) are acquired by the tenant. The appeal is dismissed as the appellants remain tenants with binding obligations under the Rent Control Act.
Court Disposition
Appeal dismissed
Orders
- Order of the High Court confirmed
- Appellants bound to comply with requirements of Bihar Buildings (Lease, Rent and Eviction) Control Act, including deposit of fair rent
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