MANEKLAL AND SONS versus TRUSTEES OF PORT OF BOMBAY & ORS.

MANEKLAL AND SONS versus TRUSTEES OF PORT OF BOMBAY & ORS.

Since the original lease was only a monthly tenancy and not a building lease, the petitioners (sub-lessees) were not entitled to protection under section 4(1)(a) of the Bombay Rent Act. No evidence was presented of an agreement obliging the lessee to construct a building.

Parties
Petitioner: Maneklal and Sons; Respondent: Trustees of Port of Bombay
Jurisdiction
India
Judgment Date
14 October 1987
Procedural Posture
Special Leave Petition (civil) / Final Supreme Court Disposition
Outcome
Special Leave Petition dismissed
Legal Topics
Rent Control, Local Authority Leases, Execution of Decrees
Property Law Tenancy Law Rent Control Local Authority Leases Execution of Decrees

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Parties

Maneklal and Sons

Petitioner

Trustees of Port of Bombay

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Supreme Court Disposition

Legal Issues

  1. 1 Whether sub-lessees are entitled to protection under section 4(1)(a) of the Bombay Rent, Hotel and Lodging Houses Rates (Control) Act, 1947, when the building was erected by the lessee not pursuant to any building lease

Ratio Decidendi

Since the original lease was only a monthly tenancy and not a building lease, the petitioners (sub-lessees) were not entitled to protection under section 4(1)(a) of the Bombay Rent Act. No evidence was presented of an agreement obliging the lessee to construct a building.

Court Disposition

Special Leave Petition dismissed

Orders

  • No reason to interfere with the order of the High Court
  • Petitioners allowed to remain in premises till 15th September 1988 upon filing appropriate undertaking within four weeks