IDANDAS versus ANANT RAMCHANDRA PHADKE DEAD BY L. RS.

IDANDAS versus ANANT RAMCHANDRA PHADKE DEAD BY L. RS.

The lease for installation and operation of a flour mill satisfies the criteria for 'manufacturing purpose,' hence, under Section 106 of the Transfer of Property Act, a month's notice was invalid and the suit for ejectment should have failed.

Parties
Appellant: Idandas; Respondent: Anant Ramchandra Phadke (Dead) by L. Rs.
Jurisdiction
India
Judgment Date
20 November 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
appeal allowed
Legal Topics
Lease Termination, Manufacturing Purpose, Transfer of Property Act Section 106
Property Law Lease Termination Manufacturing Purpose Transfer of Property Act Section 106

Case Brief

Summary, issues, holding and outcome

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Parties

Idandas

Appellant

Anant Ramchandra Phadke (Dead) by L. Rs.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the lease granted for installation of a flour mill was for 'manufacturing purpose' under Section 106 of Transfer of Property Act
  2. 2 Whether the tenancy was year-to-year or month-to-month and notice requirements for termination

Ratio Decidendi

The lease for installation and operation of a flour mill satisfies the criteria for 'manufacturing purpose,' hence, under Section 106 of the Transfer of Property Act, a month's notice was invalid and the suit for ejectment should have failed.

Court Disposition

appeal allowed

Orders

  • Judgment of the High Court set aside
  • Plaintiff's suit dismissed