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october 1979

Supreme Court of India · 1979-10-16

P. C. CHERIYAN vs BARFI DEVI

Citation / case number
SC 1969/60360
Court
Supreme Court of India
Petitioner
P. C. CHERIYAN
Respondent
BARFI DEVI
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that a lease for the business of retreading tyres does not qualify as a lease for 'manufacturing purposes' under Section 106 of the Transfer of Property Act, 1882. The Court clarified that 'manufacture' implies a transformation resulting in a new and distinct article, which is not the case with retreading, as the original tyre retains its identity. Consequently, the 30-day notice given by the plaintiff to terminate the tenancy was valid, affirming the decisions of the lower courts.

P. C. CHERIYAN vs BARFI DEVI · Niyam