Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lease Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882 - ss. 106 and 111(g) - Lease - Renewal of - Property leased out for 20 years - Meanwhile, property mortgaged by appellant-lessor, but later redeemed to it - Determination of tenancy by appellant u/s. 106 of Transfer of Property Act on expiry of original lease period - Challenged by respondent no.1-lessee on ground that the lease deed contemplated a provision for renewal of the lease for 20 years and that a notice for renewal of the lease had already been sent to the appellant - High Court holding that appellant was under legal obligation to renew the lease term for further period of 20 years in terms of clause 3 (d) of the lease deed - Propriety - Held: Not proper -Respondent no. 1 did not comply with the requirements as provided under the lease deed - It did not send notice for renewal to the mortgagee who had stepped into the shoes of the owner of the property till the same was redeemed to the appellant- lessor and thus failed to exercise its right to get renewal of lease - No deemed renewal of lease in favour of respondent no. 1 in view of the notice sent to the appellant - Determination of tenancy by appellant u/s106 of the Transfer of Property Act perfectly legal and valid - Respondent no. 1 also not entitled to continue as tenant with reference to s. 7 of the Caltex Act as no fairness, reasonableness and non-arbitrariness on its part to avail right under that provision - Since respondent no. 1 continued in possession of the property even after termination of tenancy, it is liable to pay mesne profits by way of damages to appellant - Caltex [Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Limited] Act 1977 - s. 7. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 261 |
Petitioner | Ram Bharosey Lal Gupta(d) By Lrs. & Ors. |
Respondent | M/s Hindustan Petroleum Corp. Ltd. & Anr. |
SCR | [2013] 6 S.C.R. 323 |
Judgement Date | 2013-04-17 |
Case Number | 3902 |
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