Supreme Court of India

Shanti Prasad Devi and Anr. v. Shankar Mahto and Ors.

Neutral citation
Bench D.M. Dharmadhikari and B.N. Srikrishna JJ.
Decided 11 July 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the aforesaid reasons, we find no merits in these appeals preferred by the lessee, they are accordingly dismissed with costs.

Judgment, page 8

From the headnote

Transfer of Property Act, 1882: s. J 16- 'Holding over '-Lease deed-Renewal of-After expiry of lease, lessee continuing in possession-Lessor accepting rent/or subsequent months­ On notice by lessee to renew lease, lessor filing suit for ejectment-Held, under renewal clauses of the lease _agreement, option to seek renewal was to be exercised before expiry of lease and on specified conditions-Renewal clearly fell within the expression '"agreement to the contrary" occurring in · s. I 16-There could be no implied renewal by 'holding over' on mere acceptance of rent-Option of renewal was no!

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