Supreme Court of India · 1996-11-29
STATE OF WEST BENGAL vs KAILASH CHANDRA KAPUR .
- Citation / case number
- SC 1996/78652
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- KAILASH CHANDRA KAPUR .
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the lease granted by the Governor of West Bengal included clauses that prohibited the transfer or bequest of leasehold rights to strangers without prior permission. The Court emphasized that the intention behind the lease was to benefit the lessee's family or near relations, as outlined in the indenture. Consequently, the Court ruled that the probate granted to the first respondent was invalid as it contravened the lease conditions, leading to the appeal being allowed and the High Court's decision being set aside.