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Supreme Court of India 2023-09-25 dismissed

PRIVATE LIMITED vs AMIT CHAND MITRA & ANR

Bench: 2 — Aniruddha Bose, Vikram Nath

In Brief

A rubber manufacturing company disputed its eviction from leased industrial premises in Kolkata following the landlady's notice to vacate after a five-year lease expired without renewal. The tenant claimed manufacturing purposes entitled it to six months' notice; the landlord argued only fifteen days' notice was required. The Supreme Court held that an unregistered lease deed exceeding one year cannot be admitted to prove its terms or purpose under the Registration Act. Though tenancy factum may be established separately, the purpose of lease—critical to determining notice periods—cannot be inferred from the unregistered document. The tenant must prove actual manufacturing activity occurred; mere description or statement is insufficient. Absent such proof and registration, the lease defaulted to month-to-month status. The appeal was dismissed.

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Property Law Registration of Deeds Transfer of Property Act Lease and Tenancy Evidence Civil Procedure

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