Supreme Court of India · 1979-09-14
BISWABANI (P.) LTD. vs SANTOSH KUMAR DUTTA AND ORS.
- Citation / case number
- SC 1969/60159
- Court
- Supreme Court of India
- Petitioner
- BISWABANI (P.) LTD.
- Respondent
- SANTOSH KUMAR DUTTA AND ORS.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 53A of the Transfer of Property Act and the West Bengal Premises Tenancy Act, 1956, a consent decree that provides for a lease must be registered to be valid. The Court ruled that the absence of registration rendered the lease void, thus the appellant company was considered a trespasser after the lease expired. Consequently, the Court upheld the landlords' right to take possession of the premises, affirming the trial court's decision.