Supreme Court of India · 2005-07-11
Shanti Prasad Devi And Another vs Hankar Mahtoand Others
- Court
- Supreme Court of India
- Petitioner
- Shanti Prasad Devi And Another
- Respondent
- Hankar Mahtoand Others
- Bench
- D. M. Dharmadhikari, B. N. Srikrishna
Judgment text excerpt
The Supreme Court held that the lessee's right to renew the lease under clause (7) of the lease deed was not validly exercised as it was not done before the expiry of the original lease period, thus not satisfying the conditions set forth in the lease. The Court affirmed the first appellate court's ruling that mere acceptance of rent post-expiry did not constitute a renewal of lease under Section 116 of the Transfer of Property Act. Consequently, the Court upheld the dismissal of the lessee's suit for specific performance and the ejectment suit was decreed in favor of the lessor.