Supreme Court · 2002 INSC 347 · Decided 23 August 2002

Nilesh Nandkumar Shah v. Sikandar Aziz Patel

Court
Supreme Court of India
Citation
2002 INSC 347 · [2002] SUPP. 1 S.C.R. 652
Case number
CIVIL APPEAL No. 2862/1998
Decided
23 August 2002
Bench
R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act

Headnote

Rent Control and Eviction: Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947-Section 6-Tenancy-lntegral tenancy for residential C and commercial purpose-Tenancy for residential purpose protected by the Act but not for other purposes-Eviction sought under Transfer of Property Act-Held, such other part as not protected-Hence, entire tenancy premises would enjoy protection of the Act-If a ground for eviction under the Act from even a part of the premises is made out, eviction can be ordered from D the whole unless the statute or the contract contains a special provision

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