Nandkishor Savalaram Malu vs Hanumanmal G. Biyani

 Nandkishor Savalaram Malu (Dead) Through Lrs. vs Hanumanmal G. Biyani - Supreme Court Important Judgment 2016 - 

On 29th November, 2016, in the case of Nandkishor Savalaram Malu (Dead) Through Lrs. vs Hanumanmal G. Biyani (D) Thr. Lrs. & Ors. [Civil Appeal No.11868 of 2016], it was held that “an employee of a tenant is never considered to be in actual possession of tenanted premises much less in possession in his legal right. Indeed, he is allowed to use the tenanted premises only with the permission of his employer by virtue of his contract of employment with his employer. An employee, therefore, cannot claim any legal right of his own to occupy or to remain in possession of the tenanted premises while in employment of his employer or even thereafter qua landlord for want of any privity of contract between him and the landlord in respect of the tenanted premises.” It was further held that “in rent proceedings the lessee/tenant is the only necessary or/and proper party and none else. A person, who claims through lessee/tenant, is not a necessary party.”


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