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december 1950

Supreme Court of India · 1950-12-01

RAJA KAMALA RANJAN ROY vs BAIJNATH BAJORIA.

Citation / case number
SC 1950/27
Court
Supreme Court of India
Petitioner
RAJA KAMALA RANJAN ROY
Respondent
BAIJNATH BAJORIA.
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court held that a lessee's obligation to obtain the lessor's consent for assignment is not a condition precedent for the agreement's validity, but rather a term to be fulfilled. The covenant in the lease stating that consent should not be unreasonably withheld applies only to relieve the lessee from the covenant if the lessor's refusal is unreasonable. Since the plaintiff was a respectable person and the lessor's refusal was deemed unreasonable, the defendant was obligated to assign the lease without consent. The court ruled in favor of the plaintiff, granting specific performance of the agreement.

RAJA KAMALA RANJAN ROY vs BAIJNATH BAJORIA. · Niyam