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1972 Supreme(SC) 440

Y.V.CHANDRACHUD, D.G.PALEKAR, J.M.SHELAT, K.K.MATHEW, S.N.DWIVEDI
Allenbury Engineers Private LTD. – Appellant
Versus
Ramkrishna Dalmia – Respondent


Advocates:
B.D.SHARMA, B.R.ZAIWALA, M.C.CHAGLA, MADAN GOPAL GUPTA, P.C.BHARTARI, P.N.CHADDHA, R.S.Sharma, Rameshwar Dayal, V.M.TARKUNDE

Judgment

SHELAT, J. :- This appeal, by special leave, is against the judgment of the High Court of Bombay. When the special leave was granted, it was confined to the question whether the tenency in favour of the appellant-company was one for manufacturing purpose, and if it was so, whether the notice terminating the tenancy was inadequate?

2. The appeal first reached hearing before a Division Bench of this Court. At that time, the parties were agreed that the relationship between them was that of landlord and tenant. But the case of the appellant-company was that the lease in its favour was for a period of ten years, that such a lease was for manufacturing purposes, and therefore, could not be validity terminated by a month s notice. The respondents, on the other hand, contended that the lease was by an unregistered document, and that it was not a valid lease by reason of the provisions of Ss. 106 and 107 of the Transfer of Property Act. The Division Bench did not go into the question whether the lease was for manufacturing purposes or not. However, the Division Bench felt that the appeal raised important questions as to the impact of S. 107 upon S. 106 of the Act, and there being so













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