plaintiffs
contended that since the suit is filed on determination of the
lease by efflux of time, a prayer for recovery of possession ... short, " TP Act ")
the lessee is bound, on determination of the lease to put the
lessor in possession of the leased property. That
lease has
been held to be invalid, the lessee is entitled only to the
remaining period of the lease as per the original lease ... lease. It is really not so. No doubt, the original
period of lease expired, but the decision of the determination
of lease by the State
lease has
been held to be invalid, the lessee is entitled only to the
remaining period of the lease as per the original lease ... lease. It is really not so. No doubt, the original
period of lease expired, but the decision of the determination
of lease by the State
Constitution.
We find that even after holding that the determination of lease was illegal,
the learned Single Judge straightway did not grant the relief claimed ... long the act of forfeiture and the consequent notice of determination of the lease
19
are not withdrawn
cancellation of the lease deed is on account of breach of
conditions of lease. Referring to clause (3) of the lease deed, it
was pointed ... officer who executed the lease
deed had no power to lease out the property in question, the grant
of the lease was wholly null
time, as stipulated in the
lease deed, the lease had been determined on 31.05.2009. Prior to the
determination of the lease agreement, the plaintiff ... arrears
of rent etc.
4. On merits, it is denied after determination of lease, the defendant did
not hand over the vacant possession
Transfer of Property Act, in the following terms:
―111. Determination of lease.--A lease of immovable property, determines--
(a)-(c) * * *
(d) in case the interests
said lease do not subsist and perish with the lease;
and (b) since the period of lease as per lease deed dated ... lease
period, as per contract the lease expires by efflux of time.
Expiry of lease by efflux of time results in the
determination
instrument, it must
be a monthly lease."
Hence, in the absence of a registered lease deed,
the lease dated 18th April ... lease had
expired by afflux of time, the lease came to be renewed from
month to month being a lease for commercial purpose.
In Bhawanji
Jerbai Hirjibhoy Warden
as follows:
"On the determination of a lease, it is
the duty of the lessee to deliver up
possession ... lessee
under him continues in possession even
after the determination of the lease, the
landlord undoubtedly has the right to eject
him forthwith
