Showing posts with label perpetual lease. Show all posts
Showing posts with label perpetual lease. Show all posts

Sunday, 16 February 2014

When plea of perpetual lease can be negatived?

A Division Bench decision of Andhra Pradesh High Court in Syed Jaleel Zane Vs. P. Venkata Murlidhar & Ors., AIR 1981 AP 328, wherein Jeevan Reddy, J., as His Lordship then was, spoke for the Division Bench makes almost an exhaustive discussion of the relevant English and Indian Law available on the point and we express our respectful agreement with the exposition of law as made therein. We note with approval the following proposition of law laid down therein:- (i) In India, the law does not prohibit a perpetual lease; clear and unambiguous language would be required to infer such a lease. If the language is ambiguous the Court would opt for an interpretation negating the plea of the perpetual lease


Supreme Court of India

State Of U.P. & Ors vs Lalji Tandon (Dead) on 3 November, 2003
Bench: R.C. Lahoti, Ashok Bhan.
Citation;2004 (1) SCC 1=AIR 2004 S.C. 32
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