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Rajendra Karnavat &Ors; vs Rajendra &Ors; on 5 October, 2017 cites

Secretary Of State For India In Council vs A.H. Forbes on 18 June, 1912

The case of Secretary of State of India in Council (supra) decided by the Calcutta High Court also dealt with a factual scenario wholly distinct from the one under consideration. In that case the lease deed was in respect of open land for a period of 99 years with the right to the lessee to make with the lessor's sanction permanent construction thereon. The Collector--(the lessor), was empowered to resettle the lessee over the demised land subsequent to the expiry of the initial lease period on fair rent. In the aforesaid context the lessee to whom the lease came to be assigned in accordance with law claimed a permanent interest in the demised land which could not be circumvented and/ or denied by the failure of the lessor (Collector) to resettle/ renew the lessee/ lease on fair rent and instead seek his eviction. At the time when the Collector refused to resettle the lessee in possession and instead sought his eviction, on a challenge by the lessee, the Calcutta High Court held that it was the obligation of the Collector to resettle the lessee/ renew the lease deed on fair rent and 16 he could not seek lessee's eviction over leased land over which the lessee had come to acquire a permanent right. The Calcutta High Court held that the lease before it on proper construction of its terms entailed a permanent right having been acquired by the lessee. It was in this context that it was held that equity would operate in favour of the lessee and where the lessee was willing for the lease renewed on payment of fair rent but was yet arbitrarily denied by the lessor (Collector) his right in equity would be at par with the formal renewal of the lease deed. The present case on facts is wholly distinct. It does not relate to open land or a lease period of 99 years with right to make permanent construction with the lessor's sanction. The option to seek renewal of the lease deed is not in form of an obligation to renew on fair rent at the lessor's instance.
Calcutta High Court Cites 1 - Cited by 32 - Full Document

Bharat Petroleum Corp.Ltd vs Rama Chandrashkhar Vaidya & Anr on 2 April, 2013

Besides the judgment in the case of Secretary of State of India in Council (supra) even if construed as sought by Mr. S.S. Hora it can have no precedential worth in view of the specific judgment of the Apex Court in the case of Bharat Petroleum Corporation Limited (supra) holding that the execution and registration of a renewed deed of lease was essential for the renewal of lease. That a right to renewal of a lease deed obtains under the initial lease deed is of no avail until a renewed lease deed akin to a fresh lease deed is executed and registered.
Supreme Court of India Cites 14 - Cited by 18 - A Alam - Full Document
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