...and learned Advocate Shri Dande for the respondent-plaintiff/decree holder. 3. The only issue involved in this petition is "about the right of a lessor or decree holder...to the compensation claimed by the plaintiff (Page No.82). g. The plaintiff-lessor has got every right to take inspection of the suit premises prior to accepting the... scope of inspection. Mr. Dande is not disputing this position. Right of lessor to inspect the premises 9. The...

...irrelevant for renewal. Once a lease is granted for a building purpose then the right cannot be curtailed because the period was less than fifteen years. Whether after expiry of period the lessor shall renew...out in market value. It is contrary to provisions of Manual and law relating to right of lessor and lessee. It arbitrarily encroaches on the right of a lessee to hold his property. Even...the lease or not is lessor's right but it cannot restrict the lessee's right only because the unexpired period of lease was fifteen years. According to Manual the shortest period for which a building...

...) Whether the lease under deed Ext. P-1 dated 30-9-1921, is a perpetual lease.(ii) Whether the plaintiff's father did not secure any manner of right, title or interest in the suit property, as the sale certificate in his favour was not followed by a registered deed of transfer.(iii) Whether the transfer of leasehold interest in favour of the plaintiff's father was void, for want of notice to the lessor and...the lessee to hold the land forever subject to the right of the lessor to resume the land by giving one month's notice. There is no grant in perpetuity. The right of the lessor to resume the land by...buildings (for short “suit property”); that the Official Receiver put up the suit property for sale by auction; that M. Bhowrilal, father of the plaintiff was the highest bidder and the sale of the right...

...Lessees. At the same time, pre-existing right(s) possessed/reserved by Lessor/State of U.P. were acknowledged.D. The pre-existing contingent right of State of U.P./Lessor to...Repeal Act, 2017 and as such, Right of Resumption cannot be enforced by State of U.P. after repeal of GG Act, 1895 w.e.f. 05.1.2018.I. The remaining rights and liabilities of Lessor and...a condition conferring right upon Lessor to re-enter land at any point of time whenever it is required for ‘public purpose’ and Lessee is under an obligation to vacate the land on such exercise of...

...section which does contain the definition” Shukla, J. concluded his order as follows : “It is, thus, evident that the right of lessor and lesee of other than...Mathur, C.J.:-- 1. This appeal has come up before us after it has been referred on difference of opinion between the brother Judge constituting the Division Bench.... 2. It is necessary, for disposing of this appeal, to recapitulate the brief facts. Kanubhai got on lease a portion of land bearing Kh. No. 148/1/1 situated at village Dhabli, tahsil Sanwer...

...superfluous or redundant. While that in respect of right of lessor to enter on the land without a demand of ground rent (in case of failure to pay it on the appointed date) it is not necessary to interfere...of the building and keeping it in proper condition. In the second clause of the agreement the lessor covenanted peaceful possession subject to the right of the lessor to recover rent as arrears of land...:“III. And the lessor does further covenant that he will at the end of the term of 30 years hereby granted and so on from time to time thereafter at the end of each successive further term of years as...

...possession in the lease deed as well as right of lessor to get possession under the law of the land i.e section 108(q) read with section 111(9) of the Transfer of Property Act...Court held that insofar as the second cause of action is concerned, it definitely does not arise out of the erstwhile contract as what the plaintiffs are seeking was enforcement of the legal right to...Rule, with the consent of the learned Counsel for the parties made it returnable forthwith and heard.2. The Writ Jurisdiction of this Court is invoked against the order dated...

...circumstance, the right of lessor is only to file a suit for possession to recover the premises by approaching the ordinary Civil Courts and not Rent Courts.7. In this case, according to the...by the provisions of Transfer of Property Act, the remedy of a lessor against a lessee on the determination of lease..., the facts being that an eviction suit was filed by the lessor in respect of a non-residential premises of a value of Rs. 870/- per month when the Karnataka Rent Control Act...

...Liquidator claimed that the Appellant should pay the rent for use of the Wada property. This is more saying that mesne profits should be paid. Such claim by liquidator does not create right of lessor or...two elements one, corpus and the other is animus. Even if corpus is there, but animus to hold property by way of a confirmed right or title does Company Appeal (AT) (Ins) No.249 of 2020 not appear to...NCLT in MA No.282 of 2020 filed by Liquidator in C.P.(IB)-1055/(MB)/2017. By the said Order, the Application of Liquidator was accepted and the Appellant who claimed to be in possession of part of...

...prohibition against the exercise of jurisdiction by the court is removed, the right to obtain possession by the lessor under the ordinary law springs into action and the exercise of the lessor's right to...on determination of the lease to put the lessor in possession of the property. It is this statutory right of the lessor and the corresponding statutory obligation of the lessee that can be said to...possession of the property leased at the lessee's request. That is the mandate of the aforesaid statutory provision. This statutory right of the lessee and the corresponding liability of the lessor can be...

...of the lessee hereinafter contained, the lessor doth hereby demise unto the lessee all the plot of land containing…”. He was also entitled to retain the demise land in perpetuity subject to the right...of the lessor to enhance the rent and the right to re-entry upon the demised land on breach of the covenants. The appellant with permission of the lessor constructed a building on the demised land...award under Section 11 has fixed the compensation payable not only for the pre-existing right, title and interest of the lessee but also of the lessor the Government.5. In...

...moratorium imposed under Section 14(1) (d). Due to moratorium period the lessor could not recover the possession of the property from the Corporate Debtor. Thus, the right of lessor to... any other costs as may be specified by the Board; 19. Section 14(1) (d) provides that during the moratorium period the lessor or an owner of the property cannot...recover rent are affected on account of moratorium. Therefore, the lessor is entitled to recover the rent and which shall include in CIRP costs. 21...

...of law or plea of adverse possession entails forfeiture, under clause (2) in the background and circumstances of the case. The right of forfeiture is founded upon the existence of a lease and the jural relationship of lessor and...the lessee as contemplated under Section 105 of the Act. It is implicit that if the lease is in operation the lessor had been given right to determine such a lease...lease, but it only exposes the lessee to the risk of forfeiting his lease and gives a right to the lessor, if he so elects, to determine the lease. Under clause (2) disclaimer by denial of the...

...decision of the Subordinate Judge. There cannot be any doubt whatsoever that the denial of the right of an assignee from the original lessor by the tenant does not work a forfeiture of the tenancy...kabuliyat would not be a denial of the title of the original lessor. In this case there is no specific denial of the title of the original lessor. What the defendant did was only to deny the right of the purchaser and set up the right of one of the heirs of the original lessor. That...basis of the purchase and set up a kabuliyat which the defendant had executed in favour of Nabu. In that suit, the defendant denied the plaintiff's right by purchase of the landlord's interest and also...

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...is transfer of interest in the land and creates a right in rem; and there is a transfer of title in favour of the lessee though the lessor has right of reversion after the period of the lease...the right to excavate the land in terms of money is included in the purchase price paid by the assessee for the land. He rejected the argument of the assessee that the cost of acquisition of the said...assets could not be determined. He then proceeded to consider the cost of acquisition of such right and differing with the Income Tax Officer held that on the facts of the case the cost for the purpose...

...section, therefore, brings out the distinction between a price paid for a transfer of a right to enjoy the property and the rent to be paid periodically to the lessor. When the interest of the lessor is...prescribed in the document. Under the document, therefore, there was a transfer of substantive interest of the lessor in the estates to the lessee and a conferment of a right on the lessee to use the...consideration of a sum as and by way of premium and an annual rent to be paid by the lessor to the assessee. As premium a part the sum was paid at the time of the execution of the lease and the balance was...

...deed of lease executed but the conduct of the parties also shows that at the end of the term appointed by the 1945 lease i.e in or around the year 1987, the lessor did not exercise its right of re...substantiated. Secondly, the exercise of option for renewal cannot be stalled on the ground that the lessor proposes to exercise the right of re-entry on account of alleged breach when no steps were taken for exercising the right of re-entry till the option for renewal was exercised by the lessee. If the lessee is in breach and the lease entitles the lessor to...of the term of 50 years of the existing lease, the lessor shall“act upon forthwith and execute and deliver to the lessee upon his duly executing a counterpart or renew the lease...

...extracted earlier. We have also pointedly mentioned some peculiar features of the deed. From the terms of the deed we gather that the right of the lessor, basically is to get the full sale price of Rs...rent was to be paid in advance every year. If the lessee failed to pay the rent the lessor was to demand the same by giving notice of three months. If the lessee continued to default despite the notice...been given the right to raise constructions on the land or to use it as an open land. On default of payment of rent even after three months' notice, it was provided by clause 4 of the deed that the...