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PETITIONER: IMPORTERS AND MANUFACTURERS LTD.
Vs.
RESPONDENT: PHEROZE FRAMROZE TARAPOREWALAAND OTHERS.
DATE OF JUDGMENT: 10/12/1952
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHR CHAND BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 73 1953 SCR 226 CITATOR INFO : RF 1971 SC1495 (18) R 1973 SC1099 (3) R 1980 SC1605 (14)
ACT: Bombay Rents, Hotel and Lodging Rates Control Act, 1947, s. 28-Sub-lease by tenant in contravention of term of lease- Suit by landlord against tenant and sub-tenant for possession and compensation for use and occupation- Jurisdiction of Small Causes Court -Construction of s. 28- Impleading of sub-tenant, effect of.
HEADNOTE: Where a lease of a flat situated within the City of Bombay contained a term that the tenant shall not assign, sub-let or re-let the premises, without the previous consent of the landlord and the tenant, in contravention of this term sub- let the flat, and the landlord instituted a suit against him and the sub-tenant in the Court of Small Causes Bombay, for possession and compensation for use and occupation of the premises, and the sub-lessee contended that the Court of Small Causes had no jurisdiction so far as he was concerned inasmuch as the suit was not one between a landlord and a tenant nor, one for rent within S. 28 of the Bombay Rents, Hotel and Lodging Rat...