Friday, 7 August 2020

Whether landlord is bound by relinquishment deed executed by tenant in favour of his brother?

Next we examine the question as to whether defendants 2 and 3 became tenants by virtue of alleged assignment of tenancy rights by defendant No. 1 in their favour. There is nothing on record to support this contention. The release deed which is relied upon by the defendants for this purpose has no mention whatsoever about the tenancy rights released by defendant No. 1 in favour of defendants No. 2 and 3. The release deed only talks about business of printing press. After the release deed, defendant No. 1 ceased to have any interest in the business of the printing press. There is no proof of payment of rent by defendant 2 and 3 with respect to the suit premises to the landlord. There is no rent receipt in their favour. The landlord is not a party to the release deed. He is not bound by any recitals contained in the release deed.
IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 1811-13/1997

Decided On: 31.07.2003

 S.R. Radhakrishnan  Vs.  Neelamegam

Hon'ble Judges/Coram:
Brijesh Kumar and Arun Kumar, JJ.

Citation: AIR 2003 SC 4152,MANU/SC/0516/2003
Read full judgment here: Click here
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