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HEMANT GUPTA, A.S.BOPANNA
State of Kerala – Appellant
Versus
Joseph & Company – Respondent
JUDGMENT :
A.S. Bopanna, J.
1. Leave granted.
2. The appellant-State of Kerala is assailing the order dated 10.07.2015 passed by the High Court of Kerala at Ernakulam in W.A. No.369/2011 and W.A. No. 375/2011. The said appeals had arisen out of the proceedings in Writ Petition No.1207/2005 wherein through the order dated 17.01.2011, the petition was disposed of to the extent of quashing the order declining value of usufructs (Ex.41). The order (Ex.39) by which the lease in favour of Respondent had been terminated was upheld. It is in that view, the writ petitioner-M/s. Joseph & Company as also the respondent-State of Kerala had filed the Writ Appeals to the extent they were aggrieved. The learned Division Bench of the High Court through the impugned order dated 10.07.2015 has allowed the appeal filed by M/s. Joseph & Company, thereby setting aside the order terminating the lease and the appeal filed by State of Kerala was dismissed. It is in that light, the appellant-State of Kerala claiming to be aggrieved is before this court.
3. The genesis of the case is that erstwhile Travancore-Cochin Government had by a notification in the year 1953 auctioned certain abandoned portions of Beatri
(1) When lessee is given benefit of such property and breach of condition imposed is alleged, strict construction of forfeiture clause against lessor in all circumstances would not arise as otherwise....
Express conditions in a lease must be strictly adhered to; violation justifies cancellation based on section 111(g) of the Transfer of Property Act.
The court clarified the concept of waiver of forfeiture under Section 112 of TPA and directed the government to decide on the change of user application before enforcing the lease determination notic....
The right to evict a lessee for lease violations stands when proper notice is given, consistent with the Transfer of Property Act.
Judgment on admission under Order XII Rule 6 is discretionary and requires clear, unambiguous admissions; further interpretation of lease terms may be necessary.
A sub-lessee has the right to avoid the forfeiture of the lease under Section 114 of the Transfer of Property Act by paying the rent in arrears and costs, even if the lessee has defaulted in paying r....
Contemporaneous agreement for sale of property to lessee for the same consideration.
The Government can terminate leases for public purposes under the Kerala Government Land Assignment Act, provided adequate notice is given, affirming the principle of substantial compliance.
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