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Supreme Court of India 2019-04-11 partly_allowed

Sevoke Properties Ltd vs West Bengal State Electricity Distribution Company Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court upheld a High Court decision in an eviction suit where the defendant (a state electricity distribution company) had expressly admitted in its written statement that its 15-year lease had expired in 1996. The Court held that no formal termination notice was required under Section 106 of the Transfer of Property Act given this admission. While the High Court's assessment of mesne profits was accepted, the bank guarantee was discharged pending final determination. Three months were granted for challenging the Single Judge's judgment, taking into account that an essential public service facility was located on the property.

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Civil Procedure Property Law Eviction Lease Mesne Profits

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