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Byramjee Jeejeebhoy (P) Ltd vs State Of Maharashtra on 3 April, 1963

68. The Hon'ble Apex Court in case of Byramjee Jeejeebhoy (P) Ltd vs State Of Maharashtra reported in AIR 1965 Supreme Court 590 while holding as to what a lease contemplates has observed that a demise or a transfer of a right to enjoy land for a term or in perpetuity in consideration of a price paid or promised or services or other things of value to be rendered periodically or on specified occasions to the transferor. The words "transfer of right to enjoy such property" indicates that all the rights of ownership are not transferred. Therefore, the significance of those words as indicative of the limited estate transfer is apparent in contrasted which flows in section 54 where a sale is defined as "transfer of ownership in exchange for a price". Therefore, while assignment conveys the whole interest in the property which passes to the assignee along with Page 9 of 13 Uploaded by PHALGUNI PATEL(HC00175) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 21:59:21 IST 2025 NEUTRAL CITATION C/SCA/8060/2025 JUDGMENT DATED: 01/08/2025 undefined rights and liability to sue and be sued upon the covenants in the original lease.
Supreme Court of India Cites 9 - Cited by 7 - J C Shah - Full Document
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