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2025 Supreme(Online)(SC) 2705

SUPREME COURT OF INDIA
THE OFFICIAL LIQUIDATOR OF THE AHMEDABAD JUBILEE MILLS LIMITED ( IN LIQUIDATION) VS. ANIL KUMAR VAIKUNTHLAL PATEL SINCE DECEASED THROUGH HIS LEGAL HEIRS


ORDER

1. These appeals arise from the judgment and order passed by the High Court of Gujarat at Ahmedabad dated 26th March, 2020 in R/O.J.Appeal No. 1 of 2003 in R/Company Application No.16 of 1999 with Original Civil Application (O.J.) No. 358 of 2016 by which the High Court disposed of original jurisdiction appeals holding as under:-

Signature Not Verified Digitally signed by C DH atA eN : 2D 0R 2E 5.S 0H 4.25 1 Reason:

“99. To summarise:

- While the duration of the lease deed dated 4th August, 1911 is indefinite, it is not permanent in nature.

- The lease of 1911 cannot be said to be a periodic lease inasmuch as in case of a periodic lease the contract is determinable by notice to quit on the part of either lessor or lessee, whereas in the facts of the present case, the lessor has no right to issue a notice to quit except in the case of non-payment of rent.

- The agreement of 1983 being an unregistered document, cannot be considered to be valid for a lease exceeding one year and has to be considered to be for a lease for a period less than one year as contemplated under second part of Section 107 of the Transfer of Property Act. The agreement of 1983 is, therefore, deemed to create a

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