AI Overview...
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Right of Reentry and Possession - Once the landlord or authorized officer exercises the right of reentry upon lease termination, the lessee cannot seek to regain possession. The landlord's right to retain or recover possession is lost after reentry, and the paramount lessor acquires the right to take possession. Bharat Sales LTD. VS Lakshmi Devi - Supreme Court, Soma Rani vs Lt. Governor of Delhi - Delhi
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Validity and Effects of Reentry - Reentry is valid if exercised properly; premature or unlawful reentry can be challenged, but once exercised according to legal procedures, the lessee cannot revert to possession. Receipt of rent after lease expiry may amount to waiver of forfeiture, but reentry itself, if lawful, terminates the lessee's possession. Amar Promoters VS J. S. A. Gajendra Reddy - Karnataka, Md. Shahnawaz Khan VS Shaik Shajahan Hossain - Calcutta
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Lease Termination and Exercise of Rights - The exercise of renewal options or rights of reentry depends on proper notice and adherence to contractual terms. Failure to exercise reentry or renewal rights within stipulated periods generally results in loss of those rights, and subsequent possession by the lessee is deemed lawful unless reentry was validly carried out. State Of U. P. VS Lalji Tandon (Dead) - Supreme Court, Indian Press Pvt. Limited VS State of U. P. - Allahabad
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Legal Authority and Procedure - Reentry must be carried out by authorized officers or through proper legal channels. Unauthorized or illegal reentry, or reentry without following statutory procedures, can be challenged in courts, but once validly exercised, the lessee cannot seek to regain possession. Anant Vishnu Muley VS State of Maharashtra - Bombay, ANSAL AND SAIGAL PROPERTIES PRIVATE LIMITED VS L. AND D. O. - Delhi, Sanjay Singh VS Patna Municipal Corporation - Patna
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Effect of Holding Over - If a lessee remains in possession after lease expiry without reentry, the lessor's right to re-enter may be affected, but lawful reentry terminates the lessee's possession, preventing subsequent claims to possession. Indian Press Pvt. Limited VS State of U. P. - Allahabad
Analysis and Conclusion:
Once the right of reentry has been properly exercised by the landlord or authorized officer, the lessee cannot seek to regain possession. The legal process of reentry terminates the lessee's rights, and subsequent attempts to reclaim possession are generally barred. Proper procedures and authority are essential for reentry to be effective; otherwise, the reentry can be challenged. Therefore, exercising the right of reentry conclusively ends the lessee's possession rights, aligning with legal principles outlined in the cited sources.
Search Results for "Once Right of Reentry has been Exercised the Lessee can Not Seek Back the Possession"
2002 4 Supreme 470 • India - Supreme Court
BRIJESH KUMAR, D.M.DHARMADHIKARI, D.P.MOHAPATRA
(Concurring with them) : On determination of the lease and the order of reentry the right of landlord to retain possession has been ... Whether to L & DO or the lessee/landlord (the former). ... lost and the paramount lessor has acquired right to obtain possession of the leased land. ... On determination of the lease and the order of reentry the right of landlord to retain possession has been lost and the paramount lessor has acquir....
2005 0 Supreme(Kar) 794 • India - Karnataka
S.R.NAYAK, ANAND BYRAREDDY
Issues: Validity of lease determination, right to possession or re-entry, waiver of forfeiture, executability of the decree ... to possession or re-entry before the expiry of the lease term, waiver of forfeiture, and the executability of the decree in respect ... to re-entry prematurely, receipt of rent resulted in waiver of forfeiture, and the suit claiming possession of land only rendered ... Act was not applicable to a lease for a definite period; ... (b) That a right of re-entry o....
2007 0 Supreme(Bom) 5 • India - Bombay
B.P.DHARMADHIKARI
. - It has not been disputed by respondent No. 4 that respondent No. 3 Collector is competent authority under Code or under Land ... Second proviso to this clause gives discretion to lessor to recover from lessee a sum of money not exceeding Rs.50/- as may be fixed by Deputy Commissioner as consideration for non-exercise of power of reentry. ... Not only was a fresh deed of lease executed but the conduct of the parties also shows that at the end of the term appointed by the 1945 lease,....
1998 0 Supreme(Del) 352 • India - Delhi
R.C.LAHOTI, LOKESHWAR PRASAD, Y.K.SABHARWAL, C.K.MAHAJAN
or exercised by the officer duly authorized by the Lesser in this regard and the Court had no jurisdiction for interference even ... or exercised by the officer duly authorized by the Lesser in this behalf – The same was open to judicial review only on the grounds ... The case debated on validity of charges for withdrawal of re-entry – It was ruled that demand without re-entry being affected was not ... or in any way interfering with the possession and enjoyment of the petitioners over....
• India - Andhra Pradesh
OBUL REDDY, VENKATESWARA RAO
Thereupon either the Receiver or the partners of the hall or their representatives in interest can take possession of Sri Rama Talkies and all kinds of properties brought by the lessee even without reference to any separate suit and notice to the lessee”.
2003 8 Supreme 40 • India - Supreme Court
ASHOK BHAN, R.C.LAHOTI
Where a covenant for renewal exists, its exercise is, of course, a unilateral act of the lessee, and the consent of the lessor is ... as assignee of the original lessee which exercise was honoured by the lessor State executing a fresh deed of lease belatedly on ... 1945 lease, i.e. in or around the year 1987, the lessor did not exercise its right of re-entry. ... Secondly, exercise for option for renewal cannot be stalled on the ground that the lesso....
2019 0 Supreme(All) 1965 • India - Allahabad
SUDHIR AGARWAL
of U.P. and Another, (2012) 7 SCC 278, wherein it was held that in the matter of Government Grant, the relations of Lessor and Lessee ... Whether the State Government was within its right to re-enter/resume the land in terms of the lease deed? (ii) Lessee or under-lessee has remained in possession. ... Effect of holding over.- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the #HL....
2020 0 Supreme(Pat) 493 • India - Patna
MOHIT KUMAR SHAH
of premises – Any plot held by a lessee from Improvement Trust under a registered deed of lease for residential purposes would be ... deemed to be vested in such person/lessee as a perpetual lease from generation to generation – Power of resumption or re-entry can ... of plot in question is illegal, inasmuch as Rules, 1978 are not applicable to lease in question – Exercise of power by Commissioner ... Under law, the possession of a lessee, even after the expiry or its earlier terminati....
2018 0 Supreme(Cal) 445 • India - Calcutta
SABYASACHI BHATTACHARYYA
on making refund of premium of sub-lease to the defendants besides their right to re-enter and right of taking re-possession in the ... The original suit was apparently not maintainable, being based on some vague entitlement to get back the suit property on making ... would substitute the notice dated January 24, 2015 as the cause of action in place of the original vague entitlement to re-enter possession ... ... (v) (Para 24, Plaint) … plaintiffs as original lessee ....
• India - Delhi High Court
CHANDRA DHARI SINGH
34-46) ... ... (B) Writ Jurisdiction - Limited to examining legality of impugned orders; does not ... Court held that the rejection order was justified, as per the Scheme's requirements, and that the lower authority's decision did not ... ... ... Ratio Decidendi: The court concluded that the application could not be allowed while the re-entry notice was active and that ... It is submitted that by the said Order, the lessee was required to hand over the peaceful possession of the said plot to the Est....
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