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1 - 5 of 5 (0.26 seconds)Surjit Sachdev vs Kazakhstan Investment Services Pvt. ... on 1 February, 1997
28. In view of the above, we have no doubt in our minds that the lease deed dated 17th July, 1984 could not be unilaterally revoked by either party during the initial period of three years. The parties had mutually agreed to extend the lease for a period of three years at a time after expiry of the initial period. However, in the present case, the extension in the second and subsequent block of three years was not by a registered instrument; consequently, it was only a month to month tenancy which could be (and was) terminated in accordance with the provisions of Section 106 of the Act. We, therefore, hold that the second requirement mentioned in Surjit Sachdev's case is satisfied. We are of opinion that the Learned Additional District Judge, Delhi was right in allowing the Respondent's application under Order XII Rule 6 of the CPC.
Raval & Co vs K. C. Ramachandran & Ors on 11 December, 1973
19. On the other hand, learned counsel for the Respondent relied upon three decisions of the Supreme Court, namely, (i) Sunil Kumar Roy Vs. M/s Bhowra Kankanee Collieries Ltd., ; (ii) Raval & Co. Vs. K.C. Ramchandran & Ors, ; and (iii) Burmah Shell Oil Distributing now known as Bharat Petroleum Corporation Ltd. Vs. Khaja Midhat Noor &
Ors., to contend that modification or variation in the rent amounts to a material alteration of the lease deed and that such an alteration can only be effected by a registered instrument.
Burmah Shell Oil Distributing Now Known ... vs Khaja Midhat Noor And Others on 3 May, 1988
19. On the other hand, learned counsel for the Respondent relied upon three decisions of the Supreme Court, namely, (i) Sunil Kumar Roy Vs. M/s Bhowra Kankanee Collieries Ltd., ; (ii) Raval & Co. Vs. K.C. Ramchandran & Ors, ; and (iii) Burmah Shell Oil Distributing now known as Bharat Petroleum Corporation Ltd. Vs. Khaja Midhat Noor &
Ors., to contend that modification or variation in the rent amounts to a material alteration of the lease deed and that such an alteration can only be effected by a registered instrument.
Section 107 in The Code of Civil Procedure, 1908 [Entire Act]
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