Prabhudas Damodar Kotecha & Ors V/s Manhabala Jeram Damodar & Anr.

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Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-08-13
Case No: 6726-6727 OF 2013 (Arising out of SLP (Civil) NO.20763-764 OF 2007)
Case Type: Appeal (Civil)
Judge Name: K.S. Radhakrishnan & Dipak Misra
Subject: Transfer of Property Law
Statutes / Acts: Transfer of Property Act, 1882, Presidency Small Causes Courts Act, 1882 and Bombay Rents, Hotels and Lodging House Rates (Control) Act, 1947
Bench Strength: Double Bench
Advocate: Soli J. Sorabjee, Pretesh Kapoor, R.N. Karanjawala, Manik Karanjawala, Nandini Gore et. al (P) & Shekhar Naphade, Ranjana Parikh, Siddharth Bhatnagar et. al (R)
State of Appellant(s): Maharashtra
History of Case No: Judgment and Order dated 10.07.2007 of the High Court of Bombay in W.P. Nos. 148 of 2004 and 561 of 2005
Equal Citation Details :

2013(2)RCR(Rent)599, 2013(10)SCALE242, 2013(5)ABR1081, AIR2013SC2959, 2013(6)ALLMR399, 2013 (100) ALR 378, 2013(6)BomCR147, JT2013(11)SC208,
Case Note / Description :

 

We have elaborately discussed the various legal principles and indicated that the expression ‘licensee’ in Section 41(1) of the PSCC Act would take a gratuitous licensee as well. The reason for such an interpretation has been elaborately discussed in the earlier part of the judgment. We are, therefore, in complete agreement with the reasoning of the Full Bench of the High Court. In such  circumstances, the appeals lack merits and are, therefore, dismissed. There is no order as to costs.

 
 
 
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