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april 1971

Supreme Court of India · 1971-04-05

CHAPSIBHAI DHANJIBHAI DANAD vs PURUSHOTRAM

Citation / case number
SC 1967/411
Court
Supreme Court of India
Petitioner
CHAPSIBHAI DHANJIBHAI DANAD
Respondent
PURUSHOTRAM
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court analyzed the nature of a lease under the Transfer of Property Act, 1882, specifically Section 108(d), determining that a lease can be deemed permanent if it allows the lessee to remain in possession as long as rent is paid, despite lacking explicit heritable rights. The Court held that the lease in question was for an indefinite period, thus establishing that the lessee's rights could extend beyond their lifetime under certain conditions. Additionally, the Court addressed the easement rights under the Easements Act, 1882, confirming the appellant's rights to light, air, and passage over a strip of land.

CHAPSIBHAI DHANJIBHAI DANAD vs PURUSHOTRAM · Niyam