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april 2019

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.

Sevoke Properties Pvt. Ltd. vs West Bengal State Eletrictiy ... · Niyam