P. C. CHERIYAN versus BARFI DEVI

P. C. CHERIYAN versus BARFI DEVI

Retreading of old tyres does not result in a commercially different entity. The process does not alter the character or identity of the original tyre. Therefore, the lease in question is not one for manufacturing purposes under Section 106 of the Transfer of Property Act, and a thirty days' notice is valid for termination of the tenancy.

Parties
Appellant: P. C. Cheriyan; Respondent: Barfi Devi
Jurisdiction
India
Judgment Date
16 October 1979
Procedural Posture
Civil Appeal / Decision on Appeal by Special Leave
Outcome
appeal dismissed
Legal Topics
Lease Termination, Manufacturing Purposes, Interpretation of Section 106 of Transfer of Property Act
Property Law Lease Termination Manufacturing Purposes Interpretation of Section 106 of Transfer of Property Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

P. C. Cheriyan

Appellant

Barfi Devi

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether a lease of premises for carrying on the business of retreading tyres amounts to a lease for 'manufacturing purposes' within Section 106 of the Transfer of Property Act, 1882

Ratio Decidendi

Retreading of old tyres does not result in a commercially different entity. The process does not alter the character or identity of the original tyre. Therefore, the lease in question is not one for manufacturing purposes under Section 106 of the Transfer of Property Act, and a thirty days' notice is valid for termination of the tenancy.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.