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july 2005

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.

Shanti Prasad Devi And Another vs Hankar Mahtoand Others · Niyam