9911796707
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Issues:
1. Validity of lease agreement for a specified period. 2. Requirement of joint execution of lease agreement. 3. Interpretation of Section 107 of the Transfer of Property Act. Analysis: 1. The subject matter of the litigation involved a shop-room rented to the petitioner on a monthly rent. The landlord sought eviction based on the ground that the tenancy period had expired. The petitioner argued that there was no valid lease for a specified period, challenging the grounds for eviction. The trial court and the first appellate court upheld the lease's validity based on the petitioner's admission in the written statement. The High Court concurred, emphasizing the importance of a valid lease for eviction under Section 11(1)(e) of the Bihar Act. 2. The petitioner contended that joint execution of the lease agreement was necessary for its validity, citing Section 107 of the Transfer of Property Act. The section mandates a registered instrument for leases exceeding one year, requiring execution by both lessor and lessee. The petitioner argued that since the lease was not signed by both parties, it was not valid. However, the court clarified that the third paragraph of Section 107 introduced to resolve conflicting views among High Courts, emphasized the bilateral nature of lease execution, not necessarily requiring signatures from both parties. 3. The court referred to legal precedents to establish that the execution of a lease agreement is not solely dependent on both parties signing the document. It highlighted a Supreme Court decision where unilateral execution of a Kabuliat was accepted based on the lessor's acceptance and rent receipt. The court emphasized that the defendant's failure to dispute the validity of the lease in the written statement precluded raising objections later. Consequently, the High Court's decision to uphold the eviction decree under Section 11(1)(e) of the Bihar Act was deemed appropriate, leading to the dismissal of the Special Leave Petition.
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