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Supreme Court of India · 2019-04-11

SEVOKE PROPERTIES PVT. LTD. vs WEST BENGAL STATE ELETRICTIY DISTRIBUTION COMPANY LIMITED

Citation / case number
SC 2018/45428
Court
Supreme Court of India
Petitioner
SEVOKE PROPERTIES PVT. LTD.
Respondent
WEST BENGAL STATE ELETRICTIY DISTRIBUTION COMPANY LIMITED
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE

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 affirmed the High Court's ruling that the unregistered lease resulted in a month-to-month tenancy terminable by fifteen days' notice under Section 106. Consequently, the absence of such notice rendered the eviction suit unmaintainable, leading to the dismissal of the appellant's suit for possession.

SEVOKE PROPERTIES PVT. LTD. vs WEST BENGAL STATE ELETRICTIY DISTRIBUTION COMPANY LIMITED · Niyam