Supreme Court · 2005 INSC 285 · Decided 11 July 2005
Shanti Prasad Devi and ANR. v. Shankar Mahto and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 285 · [2005] SUPP. 1 S.C.R. 418
- Case number
- CIVIL APPEAL No. 2718/2000
- Decided
- 11 July 2005
- Bench
- D.M. DHARMADHIKARI, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 116; Specific Relief Act
Headnote
Transfer of Property Act, 1882: s. J 16-'Holding over '-Lease deed-Renewal of-After expiry of lease, C 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 on specified conditions-Renewal clearly fell within the expression '"agreement to the contrary" occurring in · D s. I 16-There could be no implied renewal by 'holding over' on mere acceptance of rent-Option of renewal was no! exercised in accordance with terms of renewal
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