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september 1961

Supreme Court of India · 1961-09-27

SIVAYOGESWARA COTTON PRESS,DEVANGERE AND OTHERS vs M. PANCHAKSHARAPPA AND ANOTHER

Citation / case number
SC 1961/149
Court
Supreme Court of India
Petitioner
SIVAYOGESWARA COTTON PRESS,DEVANGERE AND OTHERS
Respondent
M. PANCHAKSHARAPPA AND ANOTHER
Bench
SINHA, BHUVNESHWAR P.(CJ)

Judgment text excerpt

The Supreme Court held that the lease in question created a permanent tenancy rather than a tenancy at will or one for an indefinite period. The Court emphasized that the stipulation allowing the lessee to surrender the lease did not grant the lessor the right to terminate the lease at any time. The judgment distinguished the case from Bavasaheb v. West Patent Co., Ltd., reinforcing that the presumption of a lease for building purposes without a fixed period remains intact. The appeal was allowed, and the decree of the lower courts was set aside.

SIVAYOGESWARA COTTON PRESS,DEVANGERE AND OTHERS vs M. PANCHAKSHARAPPA AND ANOTHER · Niyam