Supreme Court · 2008 INSC 639 · Decided 12 May 2008

M/S. K.B. Saha & Sons PVT. LTD. v. M/S. Development Consultant LTD.

Court
Supreme Court of India
Citation
2008 INSC 639 · [2008] 8 S.C.R. 290
Case number
CIVIL APPEAL No. 5659/2002
Decided
12 May 2008
Bench
A.K. MATHUR, TARUN CHATTERJEE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 108(0), 107; Registration Act Section 49

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 Property Act- HELD. Lease agreement having not been registered, the same is inadmis- +~ D 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

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