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Showing posts with label lessee. Show all posts
Showing posts with label lessee. Show all posts
Monday, 26 April 2021

Whether the lessee has the right to renewal of lease can claim renewal of lease multiple times?

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   Finally, Rustom Behramji Colah has considered the question whether a perpetual right of renewal can be held to exist in law. To answer  t...
Thursday, 27 August 2020

Leading Supreme Court Judgment on legal consequences of filing of premature suit

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We may now briefly sum up the correct position of law which is as follows : A suit of a civil nature disclosing a cause of action eve...
Friday, 21 August 2020

Supreme Court: Determination of lease U/S 111(d) of transfer of property Act-Doctrine of merger

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  Learned Counsel for the writ Petitioner relying on provisions of Section 111 of the Transfer of Property Act, 1882 contends that leaseh...
Thursday, 20 August 2020

Supreme Court: Purported lessee can not claim any right based on unregistered lease deed

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We are of the considered opinion, that no reliance can be placed upon the lease deeds allegedly executed between the defaulting rice mille...
Wednesday, 6 May 2020

Whether small cause court has jurisdiction to entertain the suit for specific performance of an agreement for the renewal of a lease deed?

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The Apex Court in Mansukhlal Dhanraj Jain v. Eknath Vithal Ogale MANU/SC/0633/1995 : 1995(2) SCC 665, while considering the provisions of ...
Tuesday, 24 March 2020

Whether finding given by reference court in land acquisition proceeding shall operate as res judicata in the suit for possession based on title or as a lessor?

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Thus, the finding returned in the award of the Reference Court (Ex. PW1/12) that the lease stood determined on account of nonpayment of re...
Saturday, 11 January 2020

Whether lessor can adjust money paid by lessee contrary to terms of lease deed?

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  So far as the payment made by Petitioner towards lease premium and interest and adjustment thereof by Respondent No. 1 is concerned, Mr....
Sunday, 6 January 2019

Whether it is necessary to adduce oral evidence to prove terms of lease deed?

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 Section 91 of the Indian Evidence Act deals with evidence of terms of contracts, grants and other dispositions of property reduced to the ...

Whether lessee is liable to be evicted even if he has made construction in tenanted premises with permission of municipal corporation?

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 The question whether the construction by itself is a violation of the terms and conditions of the lease deed and whether for such violati...
Friday, 29 June 2018

Whether subletting of premises is made out if lessee retain legal possession?

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We may mention that in Gundalapalli Rangamannar Chetty v. Desu Rangiah and Ors. MANU/TN/0154/1954 : AIR1954Mad182 , Subba Rao, J. as the l...
Thursday, 5 January 2017

Whether lessee is bound to pay municipal taxes if lease specifically exempts lessee from payment of municipal taxes?

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In view of the specific exemption given under the lease deed regarding payment of any taxes on the demised premises, in our considered ...
Wednesday, 25 May 2016

Whether lessee who is in possession of property can claim adverse possession against true owner?

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b. Whether the plea taken by deceased Respondent No. 1/defendant No. 1 being in possession as a lessee could claim the alternate p...
Sunday, 21 June 2015

When lessee is not entitled to take benefit of S 53-A of transfer of property(part performance)

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Though the covenant like that the lease runs with immovable property, and section 53-A can be used against the purchaser also, it was ne...
Sunday, 14 December 2014

Whether lessee can remain in possession of tenanted premises when lease agreement is unregistered?

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(Satish Chand v. Govardhan Das) and in the case of SMS Tea Estates (cited supra), the Apex Court has discussed the purpose for which su...
Saturday, 12 April 2014

Supreme Court: Secured creditor cannot take over possession unless lawful possession of lessee comes to an end

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Supreme Court: The major issue in the present case was whether a mortgagee of a previously leased out property (unknown to the creditor) ...
Sunday, 16 February 2014

Once a lease expires,it bounden duty of lessee to put lessor into possession of leased premises.

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1. Section 105 of the Transfer of Property Act, 1882 defines a lease of an immovable property as a transfer of a right to enjoy immovab...

Whether Govt can terminate lease granted by it if lessees committed breach of terms of contract?

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The Court then proceeded to hold that leases in question were given for a period of 30 years containing clause of perpetual renewal. It...
Wednesday, 14 August 2013

A lease is a transfer of an estate of inheritance, it does not terminate with death of original lessee

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We, therefore, find that a monthly tenancy is a heritable asset. A monthly tenancy, that is to say, a tenancy from month to month, is of ...