VidhiSangh

Supreme Court of India · 20/04/2018

APOLLO ZIPPER INDIA LIMITED versus W. NEWMAN AND CO. LTD.

[2018] 3 S.C.R. 374 · 2018 INSC 384

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Summary

The Supreme Court restored the summary eviction decree after finding no arguable substantial defence concerning the landlord’s title, attornment or monthly rent. Statutory vesting and the tenant’s correspondence and pleadings established the successor landlord’s position. Rent was Rs.40,000, exceeding the applicable tenancy-statute ceiling. Six months to vacate was granted subject to timely deposits and an undertaking, with earlier execution available on default.

Issues

  1. Whether the tenant raised an arguable title or attornment defence requiring trial.
  2. Whether the proved monthly rent brought the premises within the West Bengal tenancy statute.
  3. What conditions governed time to vacate.

Held

Result

Appeal allowed; Single Judge’s summary eviction decree restored. Conditional six-month period to vacate granted, subject to deposits and undertaking, with execution on stated default; specified related pending cases disposed of.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 374.