Supreme Court of India

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

Neutral citation
Reported as [2005] SUPP. 1 S.C.R. 418
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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