Supreme Court · 2014 INSC 482 · Decided 10 July 2014
M/S Shaha Ratansi Khimji & Sons v. Proposed Kumbhar Sons Hotel P. LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 482 · [2014] 6 S.C.R. 1101
- Case number
- CIVIL APPEAL No. 127/2007
- Decided
- 10 July 2014
- Bench
- RAJENDRA MAL LODHA, S. J. MUKHOPADHAYA, DIPAK MISRA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 105, 108, 111
Headnote
Transfer of Property Act, 1882: ss.105, 108, 111 - Held: A lease of immovable .property is a transfer of right to enjoy C such property in -consideration of price paid as per s. 105 of the T.P. Act - By way of lease, a right and interest is creat~d which of the lessee - The immovable property, thereafter, only can be reverted back on detennination of such right and interest in accordance with the D provisions of the T.R. Act - Therefore, once the right of lease is transferred in favour of the lessee, the des~ruction of a house/building
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