Legal Reference Library

The Supreme Court in M/S PARK STREET PROPERTIES (PVT) LTD.  VS. DIPAK KUMAR SINGH & ANR has held that the phrase ‘contract to the contrary’ in Section 106 of the Transfer of Property Act means a ‘valid contract’ and it cannot be read to mean that the parties are free to contract out of the express provisions of the law, thereby defeating its very intent. Apex Court Bench comprising of Justices V. Gopala Gowda and Adarsh Kumar Goel restored the Judgment of Trial Court which had decreed the suit of Landlords for recovery and Khas possession. As per the agreement, the landlord was entitled to terminate the tenancy only in case there was a breach of the terms of the agreement or in case of non-payment of rent for three consecutive months and the tenants failed to remedy the same within a period of thirty days of the receipt of the notice. The notice issued by Landlord requiring it to vacate the premises was contested by the Tenants terming it as illegal. This contention, though ini...

The Supreme Court has held that a farmer, who is in possession of leased land even after expiry of the lease period, cannot be evicted if the owner either acknowledges the tenancy or is accepting the rent. Referring to a provision of the Transfer of Property Act, a three-judge bench headed by Justice Ranjan Gogoi set aside the judgement of the Punjab and Haryana High Court which had ordered the eviction of a farmer after expiry of the lease period of the land. “The operation of section 116 of the Transfer of Property Act would confer legitimacy to the possession of the tenant even after the termination or expiration of the deemed period of the lease so as to confer on him a status akin to that of a statutory tenant and hence protection from eviction as envisaged by the provisions of the Act (Punjab Security of Land Tenure Act) of 1953,” the bench, also comprising Justices Arun Mishra and P C Pant, said. The bench said there was no legal provision to evict the farmers as ...

Cited: 1)  M/s Trade Well, a Proprietorship Firm, Mumbai & Anr. v. Indian Bank & Anr. [2007 CRI. L.J. 2544]   2)  C.B. Gautam v. Union of India & Ors. [(1993) 1 SCC 78] 3)  ICICI Bank Ltd. v. SIDCO Leathers Ltd. & Ors. [(2006) 10 SCC 452] 4) D elhi High Court in Shri Sanjeev Bansal v. Oman International Bank SAOG & Anr. 131 (2006) DLT 729  5) Madras High Court in Sree Lakshmi Products v. State Bank of India (AIR 2007 Madras 148) 6)  Sunita Jugalkishore Gilda v. Ramalal Udhoji Tanna (dead) through LRs. & Ors. [(2013) 10 SCC 258], Supreme Court 7)  Central Bank of India v. State of Kerala and Others [(2009) 4 SCC 94], Supreme Court  8) Authorised Officer, Indian Overseas Bank and Another v. Ashok Saw Mill [(2009) 8 SCC 366] , Supreme Court 9) United Bank of India v. Satyawati Tondon & Others [(2010) 8 SCC 110] , Supreme Court   10)  Oriental Bank of Commerce in Civil Appeal arising out of S.L.P. (C) ...