Supreme Court · 1996 INSC 858 · Decided 9 August 1996
Nalanikant Ramadas Gujjar v. Tulasibai (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 858 · [1996] SUPP. 4 S.C.R. 430
- Case number
- CIVIL APPEAL No. 2795/1985
- Decided
- 9 August 1996
- Bench
- KULDIP SINGH, M.M. PUNCHHI, N.P. SINGH, M.K. MUKHERJEE, S. SAGHIR AHMAD (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Rent Control Act
Headnote
Bombay Rems Hore/ and Lodging Houses Rates (Control) Act, 1947; Sections 5(8) and 13(J)(a)(e)(j) and (k). 'Preniises'-Wllat is--Lease granted in res11ect of vacant lan~-AssessCe constmcted building thereon before coming into force of 1947 Act-Sub­ sequent to coming into force of the Act ting-Held the leased land lvas pren1ises within the n1eaning of section 5(8)-Expression "not being used"-Significance of-Applicability of D Act-Held cmcia/ date is when the 1ight under the Act is sought to bt· enforced and not lV'hen the lease lvas granted. Respondent's
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