Supreme Court · 1971 INSC 349 · Decided 14 December 1971
Bhawanji Lakhamshi & ORS. v. Himatlal Jamnadas Dani & ORS.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 349 · [1972] 2 S.C.R. 890
- Case number
- CIVIL APPEAL No. 1546/1969
- Decided
- 14 December 1971
- Bench
- C.A. VAIDYIALINGAM, KUTTYIL KURIEN MATHEW (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 227; Transfer of Property Act; Rent Control Act
Headnote
Transfer oj Property Act. s. 116 arrd Bombay Rems, Hotel and Lodging House Rates (Control) Aci, 1947-Contractual renGncy deter­ mined by ¢lux of time-Tene1ncy thereafter protected by statute­ Tenant continuing in possession and landlord accepting rent-Without proof that both parties of s. 116 oj Transfer of Property Act. The appe1lants were lessees of a plot of land in Bombay. The lease w~ granted in 1948 and was determined by efflux of time on Septem- ber 30, 1958. However the appellants continued to occupy the land and to pay rent to the ~essors. On August 7, 1959 the
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