Supreme Court · 1987 INSC 281 · Decided 14 October 1987

SMT. Kamlabai & ORS. v. Mangilal Dulichand Mantri

Court
Supreme Court of India
Citation
1987 INSC 281 · [1988] 1 S.C.R. 464
Case number
CIVIL APPEAL No. 4102/1986
Decided
14 October 1987
Bench
SABYASACHI MUKHERJI, G.L. OZA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act Section 106

Headnote

C.P. and Berar Letting of Houses and Rent Control Order, 1949-cl. 13-The provision puts restriction on right of landlord to de- termine the tenancy-Permission required under the clause is needed only when landlord wants to terminate the tenancy. c Transfer of Property Act, 1882-ss. 106 and 13 of the Order does not restrict the tenant from surrendering the lease either by specific agreement or by implication demonstrated by conduct. D On 24-2-1970 the appellants filed an application under cl. 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 for permission

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