In Brief
The State of Kerala leased 246.26 acres to K.K. Joseph, who assigned the lease to M/s. Joseph & Company without lessor's consent. The lessee later sold 50 acres to a third party without permission. The State terminated the lease for breach. The High Court set aside the termination, holding that Clause 12 required notice and opportunity to remedy before forfeiture. The Supreme Court allowed the State's appeal, holding that: (1) transfer to Joseph & Company was valid; (2) the sale of 50 acres was an irreversible breach of Clause 14 (prohibiting assignment); (3) Clause 12's notice requirement applies only to remediable 'defaults', not 'breaches'; and (4) in government leases of public property, entire forfeiture is justified when the leasehold right itself is compromised.</summary_100>
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