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Jamshed Hormusji Wadia vs Board Of Trustees, Port Of Mumbai & Anr on 13 January, 2004

8 WP-989/96 7 The learned counsel for the Petitioners fairly submitted that there is no policy that even if a person who has already been evicted, he can be retrospectively put back in possession and his tenancy can be continued. So far as reference to the decision of the Supreme Court in the case of Jamshed Wadia (Supra) is concerned, in the said case the Supreme Court has held that the BPT is a State within the meaning of Article 14 and even if Bombay Rent Act is not applicable, they have to act reasonably. The issue involved in that case was regarding fixation of the quantum of rent. In that context, it has been held that the BPT cannot charge rent exorbitantly or arbitrarily like a private landlord. So far as issue involved in the present Petition is concerned, the same has no connection with the judgment of the Supreme Court as in the present case, the Petitioners are praying for restoration of their possession and benefit of the policy of the BPT as per which the BPT has agreed to regularise the possession of the tenants and/or sub tenants in a given case.
Supreme Court of India Cites 24 - Cited by 220 - R C Lahoti - Full Document
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