NDLI: Anapurna Jaiswal Vs. Indian Oil Corporation Ltd. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Registration Transfer of Property Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Registration Act, 1908 (16 of 1908) Transfer of Property Act, 1882 (4 of 1882)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Transfer of Property Act, 1882 – s.105 – Registration Act, 1908 – s.47 – An advertisement was published on 12.10.2011 by the respondent-Corporation inviting applications for grant of dealership of petrol pumps – Appellant applied on 11.11.2011 – After evaluation, the appellant was placed in the first position – A complaint was made – Pursuant thereto, the respondent took the view that the lease dated 08.11.2011 which was the foundation for the offer made by the appellant would commence from the date of approval of the petrol outlet – This meant that the possession over the premises did not amount to a lease and on the date of the execution of the lease deed the lease had not come into force – Appellant made several representations, which were rejected by the Corporation – Writ petition filed before the High Court was also dismissed – On appeal, held: In the instant case, here is a lease deed which contemplated the period of the lease commencing at a point of time in the future – What is more it would commence only with effect from the date of approval of the petrol pump – The parties in fact contemplated in clause 7 that in case the petrol pump was not approved then the second party (the appellant) must handover the land transferred on rent to the first party – Further, a perusal of clause 5 would reveal that lease period is explained as after ‘the expiry of 30 years’ and it speaks about the renewal of the lease period – The completion of the lease period which is after the expiry of the 30 years again would have to be reckoned only with effect from the date of approval of the petrol pump – Therefore, it is clear that the lease which the appellant laid store by contemplated the period of the lease commencing not on the date of the lease but at a point of time in the future – The lease did not take effect on the date of the lease namely 08.11.2011 or on date of application 11.11.2011– As a result, the appellant cannot be possibly entitled to the benefit of 35 marks which is vouchsafed only for those applicants who inter alia had a long-term lease as on the date of the application – As far as s.47 of the registration Act is concerned, on facts, it would not have the effect of preponing the period of the lease as commencing from the date of the execution of the lease – The lease would operate on its terms and the period of the lease would commence only upon approval being granted despite it being registered – Thus, there is no reason to interfere with the impugned judgment passed by the High Court.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2021 INSC 583
Petitioner	Anapurna Jaiswal
Respondent	Indian Oil Corporation Ltd. And Ors.
SCR	[2021] 9 S.C.R. 204
Judgement Date	2021-09-30
Case Number	6119

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