Supreme Court of India

M/s. K.B. Saha & Sons Pvt. Ltd. v. M/s. Development Consultant Ltd.

Neutral citation
Reported as [2008] 8 S.C.R. 290
Bench A.K. Mathur and Tarun Chatterjee JJ.
Decided 12 May 2008

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid facts and considering the fact that the aforesaid decision of this Court was rendered on the basis of a registered lease deed, we are of the view that the said deci- sion is clearly distinguishable from the present case because H 308 SUPREME COURT REPORTS (2008] 8 S.C.R.

Judgment, page 18

From the headnote

J. West Bengal Premises!Tenancy Act, 1956: c s. 13(1b) - Protection to tenant- Change of user- Pre- mises let out to a company for residence of its named officer - Company intending to allot the premises to some other employee - Suit by landlord for ejectment on the ground of violation of s.108(0) of Transfer of Property Act- HELD. Lease agreement having not been registered, the same is inadmis- +~ sible in evidence -Proviso to s. 49 of Registration Act is not applicable as use o1 the document to prov violation of s. 108( 0) of Transfer of Property Act is not a 'collateral purpose' - Even

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to

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