RAJA KAMALA RANJAN ROY versus BAIJNATH BAJORIA.

RAJA KAMALA RANJAN ROY versus BAIJNATH BAJORIA.

The agreement was not contingent on obtaining the lessor's consent; the obligation to obtain such consent was a term of the agreement. As the plaintiff was a respectable and responsible person, and the lessor's refusal to consent was unreasonable, the defendant was relieved of the covenant requiring consent and could validly assign the lease. Specific performance was properly decreed in favour of the plaintiff.

Parties
Appellant: Raja Kamala Ranjan Roy; Respondent: Baijnath Bajoria
Jurisdiction
India
Judgment Date
01 December 1950
Procedural Posture
Civil Appeal / Judgment on Appeal From Calcutta High Court (confirming, With Modifications, Decree for Specific Performance)
Outcome
appeal dismissed
Legal Topics
Specific Performance, Covenant Against Assignment, Leasehold Interest, Lessor's Consent, Conditions Precedent
Contract Law Property Law Specific Performance Covenant Against Assignment Leasehold Interest Lessor's Consent Conditions Precedent

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Parties

Raja Kamala Ranjan Roy

Appellant

Baijnath Bajoria

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Calcutta High Court (confirming, With Modifications, Decree for Specific Performance)

Legal Issues

  1. 1 Whether the agreement to assign leasehold interest was contingent on obtaining lessor's consent
  2. 2 Effect of a lease covenant prohibiting assignment without lessor's consent, where such consent is not to be unreasonably withheld
  3. 3 Whether specific performance may be decreed if lessor's consent is unreasonably refused

Ratio Decidendi

The agreement was not contingent on obtaining the lessor's consent; the obligation to obtain such consent was a term of the agreement. As the plaintiff was a respectable and responsible person, and the lessor's refusal to consent was unreasonable, the defendant was relieved of the covenant requiring consent and could validly assign the lease. Specific performance was properly decreed in favour of the plaintiff.

Court Disposition

appeal dismissed

Orders

  • Decree for specific performance of assignment of lease by the defendant to the plaintiff, even without lessor's consent, confirmed.
  • Appellant to pay costs of appeal.