SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1977 Supreme(Online)(All) 15

ALLAHABAD HIGH COURT
, J
Munni Devi and Another v. State
S. C. A. No. 353 of 1970



Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.

Headnote:This case revolves around a Nazul land lease granted in 1919, with a renewal clause contingent upon the lessee's request. The trial court ruled for the plaintiff seeking eviction due to lease expiration, while the appellate court partially upheld the decree, dismissing damages. Key legal questions include lease renewal validity and tenant rights under the Transfer of Property Act, leading to a finding that a statutory tenancy existed post-expiration. Final ruling: Appellants' appeal dismissed.

Table of Content
1. lease conditions and property occupancy. (Para 1)
2. arguments regarding lease renewal and rights. (Para 2 , 5)
3. court's observations on statutory tenancy. (Para 3 , 4 , 6 , 7 , 8)
4. final ruling of the court on the appeal. (Para 9)

1. A plot of land measuring 22 ft. 6 inches north - south and 30 ft. 10 inches east - west, bounded in the north by the land of Qabul Ahmad and in the south by the house of Suraj Prasad in the east by a metalled road and in the west by the land of Qabul Ahmad (at present Rasta and land called Quila), situate in village Ashraf Tola Qasba Sandila pergana and Tahsil Sandila shown by letters ABCD in the site plan attached with the plaint is Nazul land owned by State of U. P. and managed by Municipal Board, Sandila. This land was given on lease to Jagannath per lease deed dated 1-12-1919 for building purposes for a period of thirty years on an annual rent of Rs. 3/- with a condition that the right and interest of the lessee in the land in question will come to all end on the expiry of thirty years unless renewed by the State Government on the application of the lessee, his heirs or assigns. Another important term of the lease was that the lessee, his heirs and transferees shall always be bound to keep the building built upon the leased land intact, in order and good condition and shall not demolish the same without the written permission of the lessor or its successor. It was also provided in the lease that in case of breach of or non - compliance with any of the conditions written in the lease deed the lessor and its successor shall be entitled to re - enter upon or to take actual possession of the land and the building standing on it and the lessor shall not be entitled to any compensation in respect of the building. The lessee, his heirs or transferees shall not remove any part of the building built upon the land. Jagannath the original lessee constructed a shop on the leased land which was recorded in the Nazul Register at serial number 16. He remained in possession of the shop till his death. On his demise his heirs Sita Ram Dharam Das, and others succeeded to the property including the said shop. These persons remained in possession of the shop constructed by the original lessee. The period of thirty years of the lease expired on 1-12-1949. Sita Ram, it is alleged by the plaintiff, did not apply for the renewal of the lease, hence on the expiry of the period of lease neither he nor his heirs, successors or assigns had any subsisting right, title or interest in the land in suit, nor did they have any right of transferring it to any one to build upon it. On 28-12-1965 the defendants without the knowledge of the plaintiff purchased the shop built by the lessee from Sita Ram and Dharam Das. The defendants thereafter pulled down the old shop and with a view to make new construction at the site applied for sanction of a plan. The said plan was sanctioned. According to the plaintiff this action of the defendants in demolishing the shop without any notice to the authorities concerned was illegal and the Government of U. P. was thereby put to a loss of Rs. 5000 being the value of the materials i. e., the Amla. The plaintiff alleged that the defendants had obtained the sanction of the plan to make new constructions on the land in suit by making mis - representation of facts and by practising fraud and collusion. However, when true facts came to light the Municipal Board on 21-11-1966 cancelled and revoked the permission given to defendant No, 1, and notices were issued to him to stop making constructions on the land in suit. The District Magistrate rejected the representation of the Municipal Board, Sandila on 19-10-1966 for an entry of the name of Sheo Prasad and others in place of Sita Ram with respect to the land in suit. Defendant No. 1 illegally made constructions on the land in question between March, 1966 to December, 1966. The plaintiff, therefore, claimed to have become entitled t









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top