case of expired lease, fresh lease on
new terms shall be at the sole discretion
of the Board. Grant of fresh lease may
be considered ... annum from the date of
expiry of lease till grant of fresh lease.
In case of expired leases without a
renewal clause, additional premium
The State Of West Bengal vs Kesoram Industries Ltd. And Ors on 15 January, 2004
registered deed of
lease dated 17.7.1964, came into existence. The lessee entered into
possession of the leased premises on 1.4.1964. On 26.9.1983, the
lessor served ... from subletting,
assigning or parting with possession of the said
premises or any party thereof during the said term
of the said lease and from
openings on the two sides has
been assigned No. 6/482 while the remaining entire shop is assigned
Door No. 6/481. The property ... complete on execution of the deed of assignment and is not postponed
till the notice of the assignment. The Division Bench repelled the
submission that
accommodation to such use
as he intends, away from leasing it out.
We have already noticed that the purpose of the Act is to
restrict ... guides leading to
acceptance of the meaning which we have chosen to assign to the
words 'for his own use' in Section
interest, a mere incorporation of a term to that effect in the lease deed executed by the Coalfields in favour of the State Government ... sought to be levied for delayed payment. The Court chose to assign a literal meaning to the provisions of the substantive law as opposed
that the agreed rate of rent as recited in the deed of
lease executed between the parties was Rs.2000/- but it was the case ... appointed was not intended to be
acted upon. No reason has been assigned to show why the parties
would have arrived at an agreed rate
such title. However, if the tenant having been apprised
of the transfer, assignment or devolution of rights acknowledges the
title of transferee either expressly ... reprobate and so long as the tenant enjoys
everything which his lease purports to grant how does it concern him
what the title
expression 'transfer of
immovable property' is capable of being assigned an extended
meaning depending on the context and the setting in which ... parties whether by
sale, gift, mortgage with possession, exchange, lease or any other
disposition (underlining by us) made inter vivos. This Court in
Sanjay Dinkar
definition of 'lease' can be adopted mutatis
mutandis for defining 'sub-lease'. What is 'lease' between the
owner ... others during the term of the lease is sine qua
non of a lease. A sub-lease would imply parting with by the
tenant
