West Bengal State Electricity Board A Body Corporation v. M/s. Sevoke Properties Pvt. Ltd.
F. A. 135 of 2006,
D/14-11-2018.
(A) Transfer of Property Act (4 of 1882), S.105-Lease- of ship Lessor-lessee relation- Possession of suit property entrusted to lessee by unregistered lease deed – Mere fact that lease was unregistered or invalid – Would not affect jural relationship of lessor and lessee created by vir- tue of such lease deed.Registration Act (16 of 1908), S.17. AIR 2000 SC 3523, Rel.on. (Paras 23,24, 27)
(B) Transfer of Property Act (4 of 1882),
Ss.105,106,111- – Lease Termination of Terms of lease providing for mode for renewal of lease after expiry of 15 years of lease and not about its determination Unregistered lease, found invalid – Said term in instrument cannot determine duration of lease to come within ambit of “contract to the contrary” under S.106- Duration of lease of 15 years as agreed in lease deed being term of invalid lease cannot be construed as contract to contrary under S.106(i) – Lease deemed to be ter- minable at option of parties by giving 15 days notice under S.106.
(C) Transfer of Property Act (4 of 1882), $.105-Registration Act (16 of 1908), S.49 -Void lease-Collateral purpose-Scope -It can be received as evidence for col- lateral purpose under S.49 of Registration (1991 Duration of lease cannot be a col- lateral purpose within meaning of proviso Act- to S.49 of Registration Act.
(D) Transfer of Property Act (4 of 1882), Ss.53-A, 111(a). Part performance Doctrine of – Availability Plea of les- sor that lessee is entitled to protect his pos- AIR session over suit land for period of 15 years as agreed in unregistered lease deed by (1921 virtue of S.53-A Lease deed, invalid Term of 15 years in lease is not for collat- eral purpose Doctrine of part perfor- mance is only available as defence to les- see and not conferring right on basis of which he can claim rights against lessor -Lessee not seeking protection under $.53-A Not entitled to take defence of appart performance.