Supreme Court of India

Motiram Ghelabhai (dead) through L. R. Maniram Motiram v. Jagan Nagar (dead) through Lrs and Others.

Neutral citation

Reported as [1985] 2 S.C.R. 1051

Bench V. D. Tulzapurkar and V. Khalid JJ.

Decided 28 February 1985

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the learned Assis tant Judge as well as the High Court were right in coming to the conclusion that the appellant-plaintiff was not entitled to any protection of the 1947 Act as claimed by him.

Judgment, page 13

From the headnote

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Section 50 Suit for possession under Transfer of Property Act-Decreed for possession-Appeal filed and pending-Part II of the Act made applicable to area where suit premises situated-Appellant whether entitled to protection of 1947 Act-Effect of proviso para 2 to ~ectfon 50 explained. The respondents-plaintiffs gave a lease of an open plot to the appel· !ant-defendant for a period of 10 years for tbe purposCJ of running a flour mill after making necessary construction thereon at a yearly rent. In the lease-deed there was a clause

Authorities it was built on

1961 Shah Bhojraj Kuverji Oil Mills and Ginning Factory v. Subbash Chandra Yograj Sinha cited by 12
1951 Chandrasingh Manibhai and Others v. Surjit Lal Ladhamal Chhabda cited by 1

Where later benches applied it

2018 Bhaskar Shrachi Alloys Ltd. Etc.etc. v. Damodar Valley Corporation & Ors. Etc. referred to
2020 Indore Development Authority v. Manoharlal & Ors. Etc. mentioned
2009 Sukhdeep Singh @ Deep Singh v. State of Uttar Pradesh & Anr. mentioned
2009 Balbir Kaur v. State of Punjab mentioned
2009 Ongole Ravikanth v. State of A.P. mentioned
2007 Nallapati Sivaiah v. Sub-divisional Officer, Guntur, A.P. mentioned
2001 Arvind Singh v. State of Bihar mentioned
2000 Dilip v. Mohd. Azizul Haq and Anr. mentioned
1999 Koli Chunilal Savji and Anr. v. State of Gujarat mentioned
1986 Chandavarkar Sita Ratna Rao v. Ashalata S. Guram mentioned

Of those, 1 referred to · 9 mentioned

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