9911796707
|
Home
Issues involved: Whether the lease was for manufacturing purposes and the validity of the notice served for termination of the lease.
Lease for manufacturing purposes: The main issue in this case was whether the lease granted by the landlord to the appellant-tenant was for manufacturing purposes, which would require a six months notice for termination u/s 106 of the Transfer of Property Act. The appellant argued that the lease was indeed for manufacturing purposes as the tenant was running a flour mill on the land leased. The District Judge relied on receipts showing yearly rent payments, indicating a yearly lease rather than a monthly tenancy. The Supreme Court referred to previous judgments emphasizing that the term "manufacturing purposes" should be interpreted broadly to include any process transforming raw materials into a different product with a distinct name and use. In this case, wheat was transformed into flour through labor and machinery, satisfying the criteria for manufacturing purposes. Therefore, the lease was deemed to be for manufacturing purposes, making the one-month notice for termination invalid. Validity of notice served: The second issue was the validity of the notice served for termination of the lease. The High Court had upheld the termination, stating that the lease was not for manufacturing purposes and a one-month notice was sufficient. However, the Supreme Court found that the lease was indeed for manufacturing purposes, rendering the one-month notice invalid. The Court criticized the High Court for not adequately considering the legal aspects and rushing to conclusions without proper analysis. As the respondents did not contest the appeal, the Court allowed the appeal, set aside the High Court judgment, and dismissed the plaintiff's suit. The appellant was awarded costs in the lower courts, but no costs were awarded in the Supreme Court due to the absence of the respondents. This summary highlights the key legal points and conclusions of the Supreme Court judgment regarding the lease for manufacturing purposes and the validity of the notice served for termination.
|
