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.