Supreme Court · 2005 INSC 194 · Decided 8 April 2005
Spun Casting and ENGG. CO. PVT. LTD. v. Dwijendra Lal Sinha (Dead) Through LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 194 · [2005] 3 S.C.R. 395
- Case number
- CIVIL APPEAL No. 4392/1983
- Decided
- 8 April 2005
- Bench
- ASHOK BHAN, A.K. MATHUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 106
Headnote
B West Bengal Premises Tenancy Act, 1956-Applicability of-Settlement of business of iron casting foundry along v.1ith the building and machinery by legal heirs of original lessees in favour of party by successive transfer for C fixed period-Failure to vacate the property and non-payment of rent of recovery of possession by trial court, set aside by appellate court-However, upheld by High Court on the ground of non-payment of rent and that the party let out business and not the premises within the Act-On appeal held: In view of the terms of the settlement dominant intention of the parties
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