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march 2005

Supreme Court of India · 2005-03-11

Vithalbhai Pvt. Ltd vs Union Bank Of India

Citation / case number
AIR 2005 SUPREME COURT 1891
Court
Supreme Court of India
Petitioner
Vithalbhai Pvt. Ltd
Respondent
Union Bank Of India
Author
R.C. Lahoti
Bench
R.C. Lahoti, G.P. Mathur

Judgment text excerpt

The Supreme Court held that under Section 111 of the Transfer of Property Act, 1882, a suit for eviction can be filed before the expiry of the lease term, and such a suit is not premature. The Court affirmed the High Court's decision that the lessor was entitled to a decree of eviction and mesne profits, emphasizing that the timing of the suit did not prejudice the lessee's rights. The Court upheld the decree for eviction and the inquiry into mesne profits, confirming the legal principle that a lessor can seek possession prior to lease expiration without it being deemed premature.

Vithalbhai Pvt. Ltd vs Union Bank Of India · Niyam