SAMIR MUKHERJEE versus DAVINDER K. BAJAJ AND ORS.

SAMIR MUKHERJEE versus DAVINDER K. BAJAJ AND ORS.

The rule of construction in Section 106 deeming a lease for manufacturing purpose to be from year to year is not applicable where there is no registered lease, as required by Section 107. Therefore, a tenancy created by oral agreement is monthly and 15 days' notice is valid.

Parties
Appellant: Samir Mukherjee; Respondents: Davinder K. Bajaj and Ors.
Jurisdiction
India
Judgment Date
18 April 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Lease Formation, Termination Notice, Oral Agreements, Registered Instruments
Tenancy Law Property Law Lease Formation Termination Notice Oral Agreements Registered Instruments

Case Brief

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Parties

Samir Mukherjee

Appellant

Davinder K. Bajaj and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether a lease for manufacturing purpose created by oral agreement is deemed to be from year to year under Section 106 of the Transfer of Property Act, requiring 6 months' notice to quit, or if 15 days' notice is valid under Section 106.

Ratio Decidendi

The rule of construction in Section 106 deeming a lease for manufacturing purpose to be from year to year is not applicable where there is no registered lease, as required by Section 107. Therefore, a tenancy created by oral agreement is monthly and 15 days' notice is valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. Costs on the parties.