VITHALBHAI PVT. LTD. vs UNION BANK OF INDIA

The Supreme Court upheld the High Court's decision that a suit for eviction filed twelve weeks before the expiry of a lease under Section 111 of the Transfer of Property Act, 1882 is maintainable. The Court clarified that the suit was not premature as it was filed to secure possession before the lease expired, and the lessor was entitled to seek mesne profits from the lessee post-termination of the lease. The Court affirmed the decree for eviction and the inquiry into mesne profits, establishing that a lessor can initiate proceedings for possession before the lease term ends.