NDLI: Board of Trustees of Port of Kandla Vs. Hargovind Jasraj & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Limitation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	LEASE: Termination of lease - Vesting of title in lessor - Lease of subject land terminated and possession thereof taken over as per Panchnama - Suit by transferee of lessee for declaration and injunction - Held: With the termination of lease, title to suit property vested in lessor, ipso jure - That being so, possession of a vacant property would follow title and also vest in the lessor - Panchnama drawn up at site recorded the factum of actual takeover of possession from lessee, where after possession too legally vested in lessor - Besides, there could be no better evidence to prove dispossession of lessee from plot in question than her own admission contained in her communication addressed to the Senior Estate Manager of the appellant-Trust, genuineness whereof was not disputed - It is, therefore, held that dispossession of lessee had taken place pursuant to termination of /ease in terms of the Panchnama. LIMITATION ACT, 1963: · Suit for declaration - Limitation - Held: A suit for declaration not covered by Article 57 of the Schedule to the Act must be filed within 3 years from the date when the right to sue first arises - A suit for declaration that the termination of the lease was invalid and, therefore, ineffective could have been instituted by lessee as and when the right first accrued and for that purpose, dispossession of lessee was not necessary as dispossession is different from termination of lease - However, dispossession having taken place, lessee ought to have filed suit within three years of date of dispossession - Suit having been instituted after nearly eighteen years was clearly barred by limitation - Courts below fell in error in holding the suit as within time.The subject-land admeasuring 1891.64 square metres was leased to respondent no. 2 by the appellant Port Trust. However, as the lesse committed default in payment of the outstanding amount and interest, the lease was terminated by order dated 08-08-1977 w.e.f. 13.12.1978. Possession of the subject land was taken under the Panchnama dated 14.12.1978, a copy whereof was sent to the lessee on 20-12-1978 with a certificate that the possession had been taken. Respondent no. 1 filed suit Suit No. 77 of 1996 for a declaration and permanent injunction, questioning the termination of the lease by the appellant Port-Trust. The plaintiff-respondent no. 1 claimed that he had purchased the suit land from respondent no. 2 in the year 1991, and on that basis had asked the Port-Trust in the year 1994 to transfer the lease rights in his favour. The trial court decreed the suit. The first appellate court held that the lease had not been validly terminated and the same continued to be subsisting. However, it set aside the part of the judgment of the trail court whereby it has directed to transfer the lease rights in favour of plaintiff-respondent no. 1. The second appeal of the Port-Trust having been dismissed, it filed the instant appeal.
Judge	Honble Mr. Justice T.S. Thakur
Neutral Citation	2013 INSC 25
Petitioner	Board Of Trustees Of Port Of Kandla
Respondent	Hargovind Jasraj & Anr.
SCR	[2013] 1 S.C.R. 589
Judgement Date	2013-01-09
Case Number	153

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