RAJENDRA PRATAP SINGH versus RAMESHWAR PRASAD

RAJENDRA PRATAP SINGH versus RAMESHWAR PRASAD

Where tenant has admitted to the existence and expiry of a fixed-period lease in written statement, he cannot subsequently challenge the lease's validity on the ground that it was not executed by both parties; execution under Section 107 of the Transfer of Property Act is a factual matter and does not necessarily require signature by both lessor and lessee. Eviction decree under Section 11(1)(e) of Bihar Act stands confirmed.

Parties
Petitioner: Rajendra Pratap Singh; Respondent: Rameshwar Prasad
Jurisdiction
India
Judgment Date
28 October 1998
Procedural Posture
Special Leave Petition (c) No. 15042 of 1998 / Appeal From Patna High Court, Second Appeal No. 241 of 1996
Outcome
Petition dismissed
Legal Topics
Eviction, Lease Validity, Fixed Term Tenancy
Property Law Landlord Tenant Law Rent Control Eviction Lease Validity Fixed Term Tenancy

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rajendra Pratap Singh

Petitioner

Rameshwar Prasad

Respondent

Procedural Posture

Special Leave Petition (c) No. 15042 of 1998 / Appeal From Patna High Court, Second Appeal No. 241 of 1996

Legal Issues

  1. 1 Whether eviction is lawful under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on ground of expiry of lease
  2. 2 Whether a lease not signed by both landlord and tenant is valid under Section 107 of the Transfer of Property Act, 1882

Ratio Decidendi

Where tenant has admitted to the existence and expiry of a fixed-period lease in written statement, he cannot subsequently challenge the lease's validity on the ground that it was not executed by both parties; execution under Section 107 of the Transfer of Property Act is a factual matter and does not necessarily require signature by both lessor and lessee. Eviction decree under Section 11(1)(e) of Bihar Act stands confirmed.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed
  • Eviction decree confirmed by Supreme Court as per findings of lower courts and High Court