Supreme Court · 1994 INSC 498 · Decided 28 October 1994
SMT. Juthika Mulick and ANR. v. DR. Mahendra Yashwant Bal and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 498 · [1994] SUPP. 5 S.C.R. 249
- Case number
- CIVIL APPEAL No. 8545/1983
- Decided
- 28 October 1994
- Bench
- S. MOHAN, M.K. MUKHERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 105
Headnote
West Bengal Premises Tenancy Ac~. 1956-Sections 2 (h), 3 proviscr­ Nature of Lease-Lease for life time of lessee, not heritable-Lessee's heirs to yield up and deliver peaceful possession within three months after death A B of lessee-Lessee died within three years of tenancy-Heirs of deceased C of premises-Whether lease in question is covered by proviso to Section 3-Held, No-Act will govern rights of parties-Whether heirs will fall within definition of Section 2 (h) -Held, No. The predecessors of the respondents leased out a suit premises D under a registered lease dead .. The
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