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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J, M.S. Ramachandra Rao, CJ.
Sheo Narayan Sahu, S/o Late Janki Sahu – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
1. Admittedly, the petitioner is the owner of the land measuring an area of 80 decimals, appertaining to R.S. Plot No. 420 of Khata No. 02 situated at Village Ormanjhi, Gangutoli, P.S. Ormanjhi, Thana No. 61, District Ranchi.
2. The Ranchi District Dairy Development Co-operative Society (Respondent-5) is a society registered under the Jharkhand Co-operative Societies Act and had approached the petitioner to give the said land on lease for a period of 30 years from 30th July, 2009 on an annual rent of Rs. 1,80,000/- for the purpose of producing milk and milk products and to install certain machines in the lease hold premises to which the petitioner agreed.
3. Thereafter registered lease deed dated 31.07.2009 was executed by the petitioner in favour of the 5th respondent for the said period of 30 years w.e.f. 30th July, 2009 on an annual rent of Rs. 1,80,000/-, subject to enhancement of rent on every five years.
4. According to the petitioner, as per the clauses to the lease agreement, the 5th respondent installed the machinery etc. in the lease hold premises and had been using the same but stopped paying the contractual rent since August, 2014 and have also not enhanced the r
The court upheld the enforceability of lease agreements, ruling that withholding rent payments is arbitrary and unconstitutional, violating the property rights of the lessor.
The court ruled that administrative demands must align with prior approvals and cannot be unilaterally altered without justification.
Mere recommendation of Board of Officers, which has not been agreed to by the tenant in this case, does not form a binding contract between landlord and tenant.
The court determined that a fresh lease agreement is unnecessary for a reduced area and mandated the petitioner to pay specified arrears and monthly rent.
A party cannot seek relief while simultaneously disobeying court orders, and the government has the authority to fix lease amounts based on prevailing market values.
The registered Addendum Lease Deed prevails over the unregistered MoU, and the trial Court's order on rent determination is upheld based on tenant admissions.
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