Supreme Court of India

Tharumal and Anr. v. Masjid Hajum Pharosan Va Madrassa Talimul Islam, Mirza Izsmail Road, Jaipur

Neutral citation
Reported as [1994] 3 S.C.R. 263
Bench S. Mohan and B.L. Hansarisa JJ.
Decided 31 March 1994

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.

What the Court ordered

We hold that the premises at hand were exempted from the provisions of the Act.

Judgment, page 6

From the headnote

Transfer of Property Act, 1882: Sections 106, 111(g)(h) and 114A-Determination and foifeiture of Lease-Absence of clause as to re­ entry in case of breach of payment of rent-Requirement of notice determining tenancy complied with-Held it was determination of lease and not foifeiture of lease-Distinction between English Law and Indian Law-Discussed. Rajasthan Premises (Control of Rent and Eviction) Act, 1950: Section 2(3). State Government-Wotification-Wakfs-Exemption from the provisions of Act-Apph"cability of the provisions of Act to suit land. Wakf Act, 1954: Sections 5(2) and 6(4).

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