SURYAKUMAR GOVINDJEE versus KRISHNAMMAL AND ORS.

SURYAKUMAR GOVINDJEE versus KRISHNAMMAL AND ORS.

The kaichalai is included in the definition of 'building', and the lease must be treated as a composite lease of both land and building; the Rent Control Act applies. The test is not the dominant intention of the parties but whether the lease was meant for both land and building jointly.

Parties
Appellant: Suryakumar Govindjee; Respondents: Krishnammmal Ajli and Others
Jurisdiction
India
Judgment Date
26 April 1990
Procedural Posture
Civil Appeal / Supreme Court Disposition Following Madras High Court Revisions
Outcome
Appeal dismissed
Legal Topics
Definition of 'building' Under Rent Control Act, Composite Lease of Land and Building, Appurtenant Land, Tenant Eviction, Application of City Tenants' Protection Act
Property Law Landlord Tenant Law Definition of 'building' Under Rent Control Act Composite Lease of Land and Building Appurtenant Land Tenant Eviction Application of City Tenants' Protection Act

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Parties

Suryakumar Govindjee

Appellant

Krishnammmal Ajli and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Disposition Following Madras High Court Revisions

Legal Issues

  1. 1 Whether 'kaichalai' falls within the definition of 'building' under Section 2(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act
  2. 2 Whether a composite lease of land and building is governed by the Rent Control Act
  3. 3 Applicability of the test of dominant intention or purpose in composite leases

Ratio Decidendi

The kaichalai is included in the definition of 'building', and the lease must be treated as a composite lease of both land and building; the Rent Control Act applies. The test is not the dominant intention of the parties but whether the lease was meant for both land and building jointly.

Court Disposition

Appeal dismissed

Orders

  • No interference with the judgments of the courts below
  • No order as to costs