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Anand Nivas (Private) Ltd. Vs. Anandji Kalyanji Pedhi and ors. - Court Judgment

LegalCrystal Citation
Overruled ByDamadilal And Others v. Parashram And Others; Tara Chand And Another v. Ramprasad; Kalyanji Gangadhar Bhagat v. Virji Bharmal And Another
SubjectTenancy
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1965SC414; (1964)0GLR55a; (1964)GLR111(SC); [1964]4SCR892
ActsTransfer of Property Act - Sections 15, 52 and 108; Indian Registration (Bombay Amendment) Act, 1939; Bombay Rents, Hotel and Lodging House Rates Control Act - Sections 12, 14 and 15; ;BRH and LR Control (Amendment) Ordinance, 1959; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 35
AppellantAnand Nivas (Private) Ltd.
RespondentAnandji Kalyanji Pedhi and ors.
Excerpt:
the case debated on difference between the statutory tenant and the contractual tenant and the right of the sub letting with respect to the bombay rents, hotel and lodging house rates control (amendment) ordinance, 1959 - it was held that the statutory tenant was a person who remains in occupation of the premises let to him after the determination of or the expiration of the premises occupied by him - the contractual tenant was an estate or interest in the premises and in the absence of a contract to the contrary, was transferable and the premises may be sub-let by him - the appellant was the statutory tenant and had not right to sub let the premises - section 32 (1)(ii): [s.h. kapadia & h.l. dattu, jj] depreciation determination as to lease or financial transaction assessee.....order by court 46. the appeal is dismissed with costs. on the appellant's undertaking to vacate and deliver possession of the property within one months from today, execution of the decree obtained by the respondent in suit no. 707 of 1956 against maneklal mafatlal, is stayed for one month. september 5, 1963.
Judgment:
ORDER

BY COURT

46. The appeal is dismissed with costs. On the Appellant's undertaking to vacate and deliver possession of the property within one months from today, execution of the decree obtained by the Respondent in Suit No. 707 of 1956 against Maneklal Mafatlal, is stayed for one month. September 5, 1963.


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