Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2015 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1066 - SC - Indian LawsRights over the tenancy - claim of the appellants that Dinshaw solely acquired the tenancy rights through the Wills of Bomanji and Daulatbai - it was contended that the Will of Daulatbai was not probated and no right is asserted by such a Will. Even if reliance is placed on the Will of Daulatbai, it clearly states that only nursery business and not the tenancy is bequeathed to Dinshaw. - Held that:- the transfer dated September 18, 1981 by the BMC in favour of Dinshaw Irani based on the letter dated October 25, 1961 is illegal and the reliance on the same by BMC is misplaced. Transfer of tenancy by BMC in the name of Dinshaw is illegal and void ab initio. Consequently, all the events that follow, being the surrender of part of the tenancy by Dinshaw to BMC in lieu of the new plot allotted to him, are also rendered void ab initio. Since the lease of the 1152 sq. mts executed by BMC in favour of Dinshaw is rendered void ab initio, the construction by the appellants on the said plot is also illegal. The position as it exists today is that the remaining portions of Irani Wadi have been acquired by the BMC; and on the other portion, the structure erected by Dinshaw exists and the portion being the residential bungalow occupied by the respondents may also be acquired by BMC in due course.
|