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september 1979

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.

BISWABANI (P.) LTD. vs SANTOSH KUMAR DUTTA AND ORS. · Niyam