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july 2005

Supreme Court of India · 2005-07-11

SHANTI PRASAD DEVI vs SHANKAR MAHTO .

Citation / case number
SC 1999/16603
Court
Supreme Court of India
Petitioner
SHANTI PRASAD DEVI
Respondent
SHANKAR MAHTO .
Author
B. N. SRIKRISHNA D. M. DHARMADHIKARI
Bench
B. N. SRIKRISHNA D. M. DHARMADHIKARI

Judgment text excerpt

The Supreme Court held that the lessee's continued payment of rent after the lease expired did not constitute a renewal of the lease under Section 116 of the Transfer of Property Act, as the option for renewal was not exercised before the expiry of the lease term as required by the lease deed. The Court affirmed the first appellate court's decision to grant ejectment to the lessor, ruling that the lessee's claim for specific performance of the renewal was also untenable due to vagueness in the terms of renewal. Consequently, the appeal was dismissed, upholding the lower court's judgment.

SHANTI PRASAD DEVI vs SHANKAR MAHTO . · Niyam