Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Buildings (Lease 1882 : s. 111(d) Transfer of Property Act Rent and Eviction) Control Act. |
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. 111 (d)-Determination of lease-Held, lease or tenancy does not get determined by tenant acquiring rights of a co-owner landlord-A merger takes place and lease gets determined only if entire reversion or entire rights of landlord are purchased by tenant-Doctrine of merger-Bihar Buildings (Lease, Rent and Eviction) Control Act. Predecessor-in-interest of the respondents leased out a building to the predecessor-in-interest of the appellants. Litigation under the Bihar Buildings (Lease, Rent and Eviction) Control Act started between the parties, initially for fixation of fair rent and later for eviction of appellant tenant on grounds of arrears of rent and bona fide need. Pending disposal of the suit for eviction the trial court directed the tenants to deposit the fair rent. The order was affirmed by the High Court in revision. In the appeal filed before the Supreme Court, the tenants contended that they having taken an assignment of the rights of some of the co-owner landlords, the lease or the tenancy over the building stood extinguished and since there was no subsisting relationship of landlord-tenant between the parties, the order to deposit the rent could not have been passed. The two-judge Bench before which the appeal was listed for hearing, felt that the decision in Abdul Alim v. Sheikh Jamal Uddin Ansari was in conflict with another coordinate Bench decision in T. Lakshmipathi and Ors. v. P. Nithyananda Reddy and Ors. Consequently, the appeal came to be heard by the present three Judge Bench. On the question: whether on acquisition of rights oi some of the co-owner-landlords by the tenant, there is an extinguishment of the tenancy by merger as postulated by s. 111(d) of the Transfer of Property Act, 1882, Dismissing the appeal, the Court |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 246 |
Petitioner | Pramod Kumar Jaiswal And Ors. |
Respondent | Bibi Husn Bano And Ors. |
SCR | [2005] 3 S.C.R. 1119 |
Judgement Date | 2005-05-03 |
Case Number | 336 |
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