Supreme Court of India
Spun Casting and Engg. Co. Pvt. Ltd. v. Dwijendra Lal Sinha (dead) through Lrs. and Ors.
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 are of the view that the dominant intention of the settlers was to effect the settlement in respect of the karbar (business) of iron casting foundry set up by them along with machinery housed in a building. 'Premises' in the Act are defined to mean a building or a part of a building which includes gardens, grounds and out-houses, if any, appertaining to the building.
Judgment, page 10
From the headnote
West Bengal Premises Tenancy Act, 1956-Applicability of-Settlement of business of iron casting foundry along v.1ith the building and machinery by legal heirs of original lessees in favour of party by successive transfer for fixed period-Failure to vacate the property and non-payment of rent and also trespassed over the other property-Grant of decree of recovery of possession by trial court, set aside by appellate court-However, upheld by High Court on the ground of non-payment of rent and that the party let out business and not the premises within the Act-On appeal held: In view of the terms
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