AIR 1985 SUPREME COURT 857 ::1985 SCFBRC 310 ::1985 UJ (SC) 609 ::1985 (2) SCC 332 ::(1985) 98 Mad LW 735 ::1985 (1) CurCC 1078 ::1985 All CJ 563 ::1985 MPRCJ 182 ::(1985) 1 RenCR 696 ::(1985) 1 RentLR 736

Supreme Court Of India

(From : (1981) 1 Rent. L. R. 312) (Punj. and Har.)

Hon'ble Judge(s): S. Murtaza Fazal Ali, A. Varadarajan , JJ

Specific Relief Act (47 of 1963) , S.6, S.39— East Punjab Urban Rent Restriction Act (3 of 1949) , S.13— Lease of certain plot of land - Lessee granting portion of land on licence for a period - Termination of licence after expiry of period and suit for mandatory injunction filed by lessee - Licensee claiming to have purchased entire land from owner - Suit by lessee for possession is maintainable. (1981) 1 Rent LR 312 (Punj and Har) Reversed. Transfer of Property Act (4 of 1882) , S.108— The appellant took on lease for 10 years some plot of land for his automobile service, from the owner. The respondent took from the appellant on licence for one year disputed shed on land for carrying out repairs of motors etc. Since the respondent did not vacate the shed after the expiry of licence period he terminated the licence and filed a suit for mandatory injunction directing him to vacate the premises. The respondent contended that the appellant had sublet the land and that the suit for mandatory injunction was not maintainable. The trial Court dismissed the suit but the lower appellate Court decreed the suit. In second appeal before High Court the respondent produced a sale deed as additional evidence whereby he claimed to have purchased the entire property from its original owner. The High Court allowed the appeal and restored trial Court's decree di....