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: ss.105 108 111 |
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: ss.105, 108, 111 - Held: A lease of immovable .property is a transfer of right to enjoy such property in -consideration of price paid as per s. 105 of the T.P. Act - By way of lease, a right and interest is created which stands transferred in favour of the lessee - The immovable property, thereafter, only can be reverted back on determination of such right and interest in accordance with the provisions of the T.R. Act - Therefore, once the right of lease is transferred in favour of the lessee, the destruction of a house/building constructed on the lease property does not determine the tenancy rights of occupant which is incidental to the contract of the lease which continues to exist between the parties - In the instant case, respondent purchased the lessor's interest - Lease continued even thereafter and did not extinguish - The lease was subsisting when the shares of the land were purchased by the respondent - But the interest of the lessee was not purchased by the respondent - Demolition and destruction of the tenanted premises - Tenancy of the appellant cannot be said. to have been determined consequent upon demolition of the tenanted premises - High Court wrongly held that tenancy rights of appellant had lapsed - However, taking into consideration the fact that the appellant has not been in possession of the suit property since long, restoration of possession of suit property to the appellant is not directed - Instead respondent is directed to pay a sum of Rs. 20,00,000/- in favour of the appellant towards compensation for depriving him from enjoying the suit property - Lease. Lease: Destruction of leased building - Status of lessee - Held: When there is a lease of a house or a shop it cannot be treated as a lease of structure but also a lease of site - Once a tenancy is created in respect of a building standing on the land it is the building and the land which are both components of the subject-matter of demise and the destruction of the building alone does not determine the tenancy when the land which is the site of the building continues to exist - This interpretation, is in accord with s. 108 of the TP Act - Transfer of Property Act, 1882. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 482 |
Petitioner | M/s Shaha Ratansi Khimji & Sons |
Respondent | Proposed Kumbhar Sons Hotel P. Ltd. & Ors. (civil Appeal No. 127 Of 2007) |
SCR | [2014] 6 S.C.R. 1101 |
Judgement Date | 2014-07-10 |
Case Number | 127 |
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