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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Rahul Bajpai S/o Late Shri Pandit Rohini Kumar Bajpai – Appellant
Versus
Chhattisgarh State Industrial Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. details of the lease agreements and cancellation (Para 1 , 3 , 4) |
| 2. arguments from both parties regarding lease violations (Para 5 , 13 , 14) |
| 3. trial court's analysis based on evidence presented (Para 6 , 8 , 12 , 17 , 18) |
| 4. application of legal standards for lease cancellation (Para 19 , 20 , 21 , 22) |
| 5. final decision and dismissal of appeal (Para 23 , 24) |
JUDGMENT :
Narendra Kumar Vyas, J.
1. This first appeal under Section 96 CPC has been filed by appellant/ plaintiff assailing the judgment and decree dated 30.04.2016 passed by learned 5th Additional District Judge, Bilaspur in Civil Suit No. 24-A of 2013, by which the trial Court has dismissed the suit filed by the plaintiff for declaration that no provision of lease deed has been violated, therefore, the defendant has no right to dispossess the plaintiff from the suit property.
2. For the sake of convenience, the parties shall be referred to in terms of Civil Suit No. 24-A/2013.
3. Brief averments as pleaded in the plaint are as under:-
(a) That the appellant is the proprietor of M/s. R.K. Udyog, the said company was involved in production of Aluminum Notch Bars and supply the same to small scale steel plants. A l
Express conditions in a lease must be strictly adhered to; violation justifies cancellation based on section 111(g) of the Transfer of Property Act.
(1) Decisive consideration in determining whether an agreement creates relationship of lessor and lessee or merely that of licensor and licensee is intention of parties – This intention has to be asc....
Petitioner lacked locus standi to challenge a private lease under the U.P. Revenue Code, as only parties with direct interests may bring such claims.
Government retains the right to cancel lease agreements for non-payment of rent and violations of established conditions under statutory regulations.
(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....
Lease agreements with clauses allowing eviction can exempt parties from notice requirements under Section 106 of the T.P. Act.
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
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