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Supreme Court of India 2019-11-14 dismissed

RAMESHCHANDRA DAULAL SONI vs DEVICHAND HIRALAL GANDHI (DEAD) THR. LRS. SMT. GULABBAI DEVICHAND GANDHI

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

A landlord sought to evict statutory tenants who had failed to pay rent and were not using the leased agricultural storage premises for their original purpose. The trial court, appellate court, and High Court all upheld the eviction. On appeal to the Supreme Court, the defendants argued that: (1) the two sisters of the main defendants were also entitled to succeed as statutory tenants, and (2) the property was agricultural land, placing it outside civil court jurisdiction. The Supreme Court dismissed both appeals, holding that statutory tenancy succession is limited to those actively engaged in the business at the original tenant's death, and that belated claims of succession cannot be entertained. It also rejected the agricultural tenancy claim because it was never raised during the suit, the procedural requirements were not met, and the property was within municipal limits at the time of suit.

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Transfer of Property Act Tenancy and Eviction Bombay Rents Hotel and Lodging Houses Rates Control Act 1947 Maharashtra Tenancy and Agricultural Lands Act Succession and Inheritance Civil Procedure Jurisdiction

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