Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882: Section 111 (g) |
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: Section 111(g)-Lease-Perpetual lease-Partial alienation of leasehold property-Forfeiture clause-Invoking of-Lease deed imposing express prohibition on lessee from alienating the leasehold property-However, no express condition restraining partial alienation of property-Held, unless there is an express condition restraining partial alienation, forfeiture clause would not apply. Section 10-Lease-Perpetual lease-Prohibition restraining lessee from alienating the leasehold property-Held, not illegal or void. Section 111(g)-Lease-Termination of lease-Notice in writing- Requirement of-Lease deed executed prior to the coming into force of the Transfer of Property (Amendment) Act, 1929-Held, notice in writing not necessary for terminating the lease deed. Section 108(j) and (g)-Lease-Determination of-Partial alienation of leasehold property-Suit for possession by transferee of lessor's interest invoking forfeiture clause-Legal heirs of the original lessee not made parties to the suit-Effect of-Held, privity of contract is between the lessor and lessee and not between the lessor and transferee-For determining the lease the lessees were necessary parties-Suit liable to be dismissed for non-joinder of necessary parties. Practice and Procedure: Plea-New plea-Raising of-Perpetual lease-Partial alienation of-Provision restraining tenant to sublet or transfer the lease premises-Not applicable to tenant having a right to enjoy the premises in perpetuity-Plea that lessor not entitled to possession on the ground of partial alienation of property-Not raised before High Court-Held, not required to be considered A by Supreme Court-Karnataka Rent Control Act, 1961-Section 23. Words and Phrases: 'Express condition '-Meaning of in the context of Section 111 (g) of the Transfer of Property Act, 1882.Original owner of the property in dispute created a permanent lease deed with an express condition that the lessee could not have right to alienate the leased property and if such alienation was effected the lease shall stand cancelled and the possession would be reverted back to the lessor. On the death of the lessee there was partial alienation of the leasehold property between the legal heirs of the lessee through a partition suit. Plaintiff respondents transferee of lessor's interest did not invoke the forfeiture clause on the ground that the alienations were within the members of the family of the deceased lessee. However, when the legal heirs of the lessee sold certain portion of the leased property in favour of defendants by various sale deeds, plaintiff-respondents filed suits for possession invoking the forfeiture clause. Trial court decreed the suit holding that though the lease deed does not specifically prohibit alienation of the part of the property but since there was an express condition not to alienate the whole leasehold property, portion of the leased property could not also be transferred by implication. On appeal, the First Appellate Court held that as there was no condition which prohibits partial alienation of the property, it would not give right to the plaintiffs to enforce forfeiture clause; that the lessor has to seek the relief mainly against the lessee even though the lessee has assigned the property in favour of his assignee as by virtue of Section 108 of Transfer of Property Act, 1882, the liability of the lessee would not extinguish by mere reason of such alienation. However, on second appeal, High Court set aside the judgment and decree passed by the First Appellate Court and held that the plaintiffs were entitled to recover the possession of leasehold property and decreed the suit accordingly. Hence the present appeals. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 2002 INSC 58 |
Petitioner | Raghuram Rao And Ors. |
Respondent | Eric P. Mathias And Ors. |
SCR | [2002] 1 S.C.R. 759 |
Judgement Date | 2002-01-30 |
Case Number | 856 |
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