...take khas possession will accrue on the death of the lessee." 6. Basing on this clause, it was argued by the learned Addl. Standing Counsel for the State that the sale and both gift...possession of the holding or part thereof. It is provided that in case of unauthorised bequeath taking effect from the date of lease the option to take khas possession will accrue from the death of ...possession thereof. But in case of a will, the said cancellation of lease and taking khas possession will accrue on the death of the lessee. Thus, the revenue authority has the jurisdiction to cancel the...

..., peaceful and vacant possession of the demised premises within three months of the date of the death of the lessee unconditionally and without any objection whatever. They shall have no right to ...possession within three months after the death of the lessee. Therefore, the defendants would not fall within the definition of tenant under Section 2(h) of the Act. The statutory protection would not...the respondents argues that the lease deed provides that upon the death of lessee, the demise shall absolutely cease and the legal representative of the lessee shall have no right to hold over or...

...yield up and deliver quiet, peaceful and vacant possession of the demised premises within three months of the date of the death of the lessee unconditionally and without any objection whatever. Th...heritable. There is also an obligation that the heirs of the lessee's heirs to yield up and deliver peaceful possession within three months after the death of the lessee. Therefore, the defendants would...argues that the lease deed provides that upon the death of lessee, the demise shall absolutely cease and the legal representative of the lessee shall have no right to hold over or remain in the...

...cents already leased out to Ammanna Maistry by registered sale deed dated 24-2-1914.4. On the death of lessee Ammanna Maistry, his mulgeni holding was partitioned among his...for possession of the mulgeni holding.Original Suit No. 929 of 19907. On the death of Chandrashekhar (son of lessee), his heirs filed OS No. .... Amba Bai and S. Jyothi daughter and granddaughter of lessee. 2. Chandrashekhar sons of deceased Ammanna Maistry...

...is admitted that the said property is leased out for a period of 99 years and the same cannot be extinguished on the death of the lessee. He further states that a lease will be granted by the owner...petitioner would further submit that it is a heritable right and the lease cannot get extinguished on the death of lessee. He states that when the property is leased out to a person for a period of 99 years...gets seized and it cannot be inherited by the legal heirs of original lessee. It is also stated that after the death of lessee, no lease amount has been paid by the lessee, but on 16.04.2012, the...

...Government of India, New Delhi substitution procedure is prescribed under Chapter 28 and is as under:—“Substitution is the process of mutation of the names of legal heirs on the death ..., Relinquishment Deeds-Death Certificate and Affidavits in prescribed format of the other legal heirs of late Sh Dina Nath, the petitioner applied for mutation of the said property in his name by an...for this purpose shall be made on a plain paper signed by all or one of the heirs accompanied by the following documents:—(i) Attested copy of the death certificate...

...leasehold land in favour of the petitioners who are the successors of original lessee Late Braja Sundar Dash and Clause-6 of lease agreement deed stipulates that on the death of original ...are bound by the covenants of such lease, but the covenants of such lease stipulate that in case of death of lessee, it was obligatory on the person to whom the title devolves to give a notice ...after death of original lessee, all rights 10 W.P.(C) No.19585 of 2015 Page 11 of 21...

...have freedom to contract out of the section. In this case Clause (1) of the lease deed extracted above stipulates that the heirs of the lessee will have no right to hold after the death of the ..., peaceful and vacant possession of the demised premises within three months from the date of death of the lessee unconditionally and without any objection whatsoever. It was further stipulated that they...they have to deliver quiet, peaceful and vacant possession within three months after the demise of the original lessee. In other words, the right has been made specifically not heritable...

...premises.3. Also during the subsistence of the lease the lessee, Jiban Krishna Debnath died leaving behind his widow, five sons and two daughters. On the death of lessee the two sons ...implication.11. On the question of defect of parties the learned Trial Judge has held that for the purpose of treating a person to be a premises tenant on the death of the original tenant t...was residing in the tenanted premises at the time of death of the tenant. The learned Judge has, accordingly, held that since the defendant No. 1 was residing in the suit premises as being the wife of the deceased ...

...that a lease of land, whereby the lessee is given the power of holding the land as he pleases, is determined by the death of the lessee. The learned Judges in that case appear to have, followed a...so as to enure for the benefit of the defendant as heir of the deceased lessee Gulabram.2. The lease was constituted by a rent note by which the lessee said:This rent is...my mind it is clear that a document of lease couched in these words creates a permanent lease that is to say the lessee is entitled to remain in possession as long as he pays the agreed rent and the...

...the event of death of lessee, with the prior permission of Executive Authority, his legal heirs inherit to enjoy the lease for the balance period on the same terms. In exceptional circumstances...per the Rules, procedure is prescribed to get a declaration as to status of landless poor. 11. In the case on hand, lessee died in the year 2009. The application made by..., the lessee, Sri P.Veerayya was declared as landless poor, lessee died in the year 2009. As per Rule 8 of the Rules, the lease has to be conducted for every three years. Even if the authority...

...the lessee. The next part provides for the right to remove the structures “after the lease period”. The words “after the lease period” mean either at the end of the 30 years, or on the death of the lessee,...remove the structures if they wished. In the case of the second contingency, the heirs of the lessee would have the right to remove the structures on the death of the lessee. In either event the r...lessee's life were he to continue to be in possession of the leased property after the expiry of 30 years. But the lease did not create hereditary rights so that on the death of the lessee his heirs...

...SC page 1142.38. In the said decision the lease deed contained a definite clause that on the death of lessee, his heirs will be bound to handover possession in favour of lessor...the decree for eviction on the ground that the parties had right to contract out of Section 2(h) of the Act thereby limiting the tenancy till the death of the lessee.40. The aforesaid...said will. According to the terms of the Will executed by Ashoke Bose, on his death his widow Madhuri will get a life interest without any right of alienation of her life estate and after her death the...

...) In cases where the original lessee (s) has/have died, the date of death should be treated as date of cessation of membership and if their legal heirs, have not been substituted as members of soc...would be at the rate of premium prevailing on the date of death of lessee(s). xxx xxx xxx xxx 7...of premium prevailing on the date of filling application for conversion, irrespective of the death of the original lessee or transfer of the lease plot, etc. ...

...case of unauthorized bequeath taking effect from the death of the lessee the option to take Khas possession will accrue on the death of the lessee.”26. This condition proh...Collector may at his option either to avoid or to determine the lease and resume possession in further saying that for the unauthorized bequeath taking effect from the death of the lessee, the option...to take khas possession would accrue on the death of lessee.27. The courts below have held that the building over the suit site is under occupation for the Government offices and...

...rent to the power of attorney agent of the plaintiff's father. The lessee Chinnachi Kandar had been living with the first defendant till his death. The first defendant has been helping the lessee...Chinnachi Kandar in the cultivation of the suit property. After the death of lessee Chinnachi Kandar, the first defendant got into the suit property claims to be the only heir and eversince he is in...son of Kangani Muthiah Kandar for the purpose of collecting the rent from lessee Palaniyandi. Meanwhile Chinnachi Kandar son of Thoppakkutti alias Nallachi Kandar claimed some right in the properties...

...transfer of an interest in immovable property is hereditary and the death of lessee does not terminate the lease unless there is a contract to the contrary. The interest survives to his legal...share till 1953–54. After the death of Polayya, Plaintiffs 1 and 2 became the owners of the suit property along with Mangamma, the wife of Polayya. The first defendant continued as a tenant holding over...even after the death of Polayya. On 29-3-1957 plaintiffs 1 and 2 and the said Mangamma sold the land to the third Plaintiff. The 1st defendant was duly informed of the sale. The first defendant...

...was to enure at least for the lifetime of the lessee and the lessee was still alive. Plaintiff brought the present suit after the death of Raj Ballav. 3. On these allegations the.... 5. The defences in suit No. 77 are: (1) that the tenancy created by the potta of 1304 is a permanent tenancy and did not terminate with the death of the original lessee; (2) that after the ..., the lease has not determined by the death of the lessee as the potta of 1304 B.S. created a lease in perpetuity; (c) that even if the original lease terminated by the death of the ...

...enforcible rights under the Transfer of Property Act.7. The problem which now arises is about the position of a sub-lessee in case of death of his tenant-in-chief. Generally speaki...property there will be no merger under this provision. On the facts of this case the right of the sub-tenant to continue in possession is, to my mind, an intervening right and that on the death of the .... On the death of the lessee the sub-lessee will have a right to continue in possession of the property so long as the period of the original lease made in favour of the original ...

...no conditions giving right of inheritance in it, as such the lease has come to an end on the death of original lessee. The order of the Collector is illegal and liable to be set aside. The...Court, the Collector has permitted the widow of the original lessee to continue for the remaining period. The order of the Collector does not suffer from any illegality. The writ petition... Court No. - 6 Case :- WRIT - C No. - 44742 of 2011 Petitioner :- Kishor Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vijay Chaurasia Counsel...