Supreme Court of India · 2019-04-11
Sevoke Properties Pvt. Ltd. vs West Bengal State Eletrictiy ...
- Citation / case number
- AIR 2019 SUPREME COURT 2664
- Court
- Supreme Court of India
- Petitioner
- Sevoke Properties Pvt. Ltd.
- Respondent
- West Bengal State Eletrictiy ...
- Author
- D.Y. Chandrachud
- Bench
- Hemant Gupta, Dhananjaya Y Chandrachud
Judgment text excerpt
The Supreme Court held that a lease of immovable property for a term exceeding one year must be executed through a registered instrument as per Section 107 of the Transfer of Property Act, 1882. The Court found that the unregistered lease led to a month-to-month tenancy under Section 107, which could only be terminated by a notice under Section 106. The Court upheld the High Court's decision to dismiss the appellant's suit for possession due to the absence of such notice, affirming the legal principle that a suit for eviction is not maintainable without proper termination of the tenancy.