MADAN LAL versus BHAI ANAND SINGH & ORS.

MADAN LAL versus BHAI ANAND SINGH & ORS.

There is no contract in the lease deed expressly permitting the lessee to retain possession after expiry of the lease until payment or ascertainment of the market value of the superstructure; the lessor became entitled to possession immediately upon expiry, subject only to the obligation to pay 50% of the market value to the lessee, which does not affect the timing of delivery of possession.

Parties
Appellant: Madan Lal; Respondents: Bhai Anand Singh & Ors.
Jurisdiction
India
Judgment Date
12 October 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment Dated October 11, 1971 of the Punjab & Haryana High Court in F.a. From Order No. 34 of 1971
Outcome
Appeal dismissed with costs.
Legal Topics
Lease Interpretation, Eviction, Payment for Superstructure, Arbitration and Stay Applications
Property Law Tenancy Law Arbitration Law Lease Interpretation Eviction Payment for Superstructure Arbitration and Stay Applications

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Parties

Madan Lal

Appellant

Bhai Anand Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment Dated October 11, 1971 of the Punjab & Haryana High Court in F.a. From Order No. 34 of 1971

Legal Issues

  1. 1 Whether the lessor is entitled to possession of the property on expiry of the lease pending determination of market value by arbitrators
  2. 2 Whether clause 6 of the lease deed allows the lessee to remain in possession after expiry of the lease until compensation is paid

Ratio Decidendi

There is no contract in the lease deed expressly permitting the lessee to retain possession after expiry of the lease until payment or ascertainment of the market value of the superstructure; the lessor became entitled to possession immediately upon expiry, subject only to the obligation to pay 50% of the market value to the lessee, which does not affect the timing of delivery of possession.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.