Supreme Court of India · 1972-09-15
ALLENBURRY ENGINEERS PRIVATE LTD. vs RAMAKRISHNA DALMIA & ORS.
- Citation / case number
- SC 1971/60069
- Court
- Supreme Court of India
- Petitioner
- ALLENBURRY ENGINEERS PRIVATE LTD.
- Respondent
- RAMAKRISHNA DALMIA & ORS.
- Author
- SHELATM.,PALEKAR, D.G.,MATHEW, KUTTYIL KURIEN,DWIVEDI, S.N.,CHANDRACHUD, Y.V.
- Bench
- SHELAT, J.M.,PALEKAR, D.G.,MATHEW, KUTTYIL KURIEN,DWIVEDI, S.N.,CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court held that under Section 106 of the Transfer of Property Act, the term 'manufacturing purposes' must be interpreted in its popular meaning, placing the burden of proof on the appellant to establish that the lease was for such purposes. The Court found that the appellant failed to demonstrate that the dominant purpose of the lease was manufacturing, thus validating the one-month notice for termination served by the Bharat Insurance Co. The appeal was dismissed, affirming the lower courts' decisions.