THE STATE OF WEST BENGAL AND ANR.versusKAILASH CHANDRA KAPUR AND ORS.
1996 INSC 141929 November 1996Dismissed
The State of West Bengal granted a 999‑year lease of a plot in Salt Lake to Tapan Kumar Mullick, who later bequeathed the leasehold interest to a stranger, K.C. Kapur, by will. After Mullick's death, Kapur obtained probate and applied to have his name entered as lessee, which the High Court ordered despite the Governme…
TAYABHAI M. BAGASARWALLA AND ANR.versusHIND RUBBER INDUSTRIES (P.) LTD. ETC.
1997 INSC 15619 February 1997Appeal(s) allowed
The landlord (appellant) sought a perpetual injunction against the tenant (defendant) to stop any construction on a building that had been destroyed by fire, claiming the tenancy had ended. The City Civil Court granted an interim injunction and later found it had jurisdiction, subsequently punishing the tenant for cont…
STATE OF KARNATKAversusKRISHNAJI SRINIVAS KULKARNI AND ORS.
1993 INSC 39216 December 1993Appeal(s) allowed
The respondents, owners of agricultural lands in Bijapur district, had leased the lands to M/s Sugarcane Products and Industries Ltd. for 30 years, a lease that expired on 31 March 1973 but the company continued to occupy the land. After the Karnataka Land Reforms Act, 1961 was amended in 1974, Section 79‑B prohibited …
DATTATRAYA BABURAO WALAWALKAR AND OTHERSversusSIDDHIVINAYAK CONSTRUCTION PRIVATE LIMITED AND OTHERS
2016 INSC 26315 March 2016Disposed off
The petitioners, trustees of a Mumbai charity, sought to sell a tenanted trust property for redevelopment under the Bombay Public Trust Act, 1950 and Regulation 33(7) of the Development Control Regulations for Greater Mumbai, which requires at least 70% irrevocable written consent of the occupiers. The Charity Commissi…
MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.versusKAMLA MILLS LTD.
2003 INSC 31011 July 2003Appeal(s) allowed
The Municipal Corporation of Greater Mumbai reassessed the rateable value of land belonging to Kamla Mills Ltd. after the company demolished old structures and began constructing a new building. The corporation treated the land as "under construction" and raised its rateable value based on market rates, which the asses…
MANGALA WAMAN KARANDIKAR (D) TR. LRSversusPRAKASH DAMODAR RANADE
2021 INSC 2887 May 2021Appeal(s) allowed
The appellant, the heirs of Mangala Waman Karandikar, entered into a 1963 agreement with the respondent to transfer the operation of the "Karandikar Brothers" stationery business for a royalty of Rs.90 per month. The dispute arose when the appellant sought possession, alleging the agreement was a business transfer, whi…
SMT. SHAKUNTALA S. TIWARIversusHEM CHAND M. SINGHANIA
1987 INSC 1556 May 1987Dismissed
Shakuntala, a monthly tenant of a premises for an ice‑cream business, was alleged by the landlord to have made permanent alterations, caused waste and changed the use of the property, violating sections 12 and 13 of the Bombay Rents, Hotels & Lodging House Rates Control Act, 1947. The landlord gave a notice to quit in …
PRAFUL MANOHAR RELEversusSMT. KRISHNABAI NARAYAN GHOSALKAR & ORS.
2014 INSC 33 January 2014Appeal(s) allowed
The plaintiff, Praful Manohar Rele, sued the heirs of Narayan Keshav Ghosalkar for possession of a house, alleging that they occupied it as gratuitous licensees whose licence had been validly terminated. The defendants counter‑claimed that they were tenants and sought eviction under the Bombay Rent Act. The trial court…