In Brief
Apollo Zipper India Limited (Apollo) sought to evict W. Newman and Co. Ltd. (the respondent) from premises at the Great Eastern Hotel in Kolkata under a summary suit. The respondent challenged Apollo's ownership and argued the Tenancy Act applied (rent capped at Rs. 10,000/-), not the Transfer of Property Act. The High Court's Division Bench sided with the respondent. The Supreme Court allowed Apollo's appeal, holding: (1) Apollo validly owned the premises by statutory transfer (2005); (2) the respondent attorned (accepted Apollo's ownership) through conduct, waiving the right to challenge title; (3) the actual rent was Rs. 40,000/-, exceeding the Tenancy Act limit, making the Transfer of Property Act applicable; and (4) no arguable defense existed. The respondent was ordered to vacate within six months after depositing arrears and advance rent.
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