Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Holding over Suit for ejectment Transfer of Property Act 1882 s. 116 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882: s. 116-'Holding over '-Lease deed-Renewal of-After expiry of lease, lessee continuing in possession-Lessor accepting rent/or subsequent months On notice by lessee to renew lease, lessor filing suit for ejectment-Held, under renewal clauses of the lease agreement, option to seek renewal was to be exercised before expiry of lease and on specified conditions-Renewal clearly fell within the expression '"agreement to the contrary" occurring in s. 116-There could be no implied renewal by 'holding over' on mere acceptance of rent-Option of renewal was no exercised in accordance with terms of renewal clauses-Decree of ejectment upheld. Specific Relief Act, 1963: Suit for ejectment-Cross suit for specific performance of agreement/or renewal of lease-Held, option for renewal having been exercised after expiry of lease period and renewal clauses being vague and incapable of specific performance, suit rightly dismissed by courts below. Appellant was running a Petrol Pump on the suit property on a monthly rent under a registered lease deed with a renewal clause stipulating that option would be exercised before expiry of the lease and the terms and conditions of the renewal would be decided either by mutual consent of parties or, on its failure, through local Mukhia/Panchas of the village. The appellant, after expiry of the period of lease, remitted rent for few months and also sent a notice to the lessor seeking renewal of the lease. The lessor accepted the rent, but tiled a suit for ejectment contending that term of lease had expired. The lessee also filed a suit for specific performance of the agreement of renewal of the lease. The trial court dismissed the suit for ejectment holding that after expiry of initial period of the lease, acceptance of rent by the lessor resulted in renewal of lease and lessee was 'holding over' within the meaning of s.116 of the Transfer of A Property Act, 1882, and the suit could not have been filed without terminating the lease by notice u/s 106 of the Act. The suit for specific performance was also dismissed. The first appellate court, while maintaining dismissal of the suit for specific performance, decreed the suit for ejectment The High Court dismissed the second appeals of the lessee, who filed the present appeals. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2005 INSC 285 |
Petitioner | Shanti Prasad Devi And Anr. |
Respondent | Shankar Mahto And Ors. |
SCR | [2005] Supp. (1) S.C.R. 418 |
Judgement Date | 2005-07-11 |
Case Number | 2718 |
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