Agreement of Sale between lessor and lessee - Relationship of landlord and tenant ceases to exist oncesaid agreement is entered and portion of sale consideration is accepted by seller landlord - eviction petition on ground of wilful default - Is notmaintainable.

Citation

AIR 2003 SUPREME COURT 4149

2001 AIR SCW 2369

SUPREME COURT

AJAY PRAKASH MISRA , J. and N. SANTOSH HEGDE , J.

Civil Appeal No. 12923 of 1996, D/- 8 - 2 - 2000

R. Kanthimathi and other Appellants v. Mrs. Beatrice Xavier Respondent.

Transfer of Property Act (4 of 1882), S.111(e), S.111(f) - Surrender of lease - Agreement

of Sale between lessor and lessee - Relationship of landlord and tenant ceases to exist once

said agreement is entered and portion of sale consideration is accepted by seller landlord -

Subsequent sending back of said consideration by landlord to tenant - Does not revive their old

relationship of landlord and tenant - Hence, eviction petition on ground of wilful default - Is not

maintainable - Landlord had remedy of specific performance.

Arjunlal Bhatt v. Girish Chandra, AIR 1973 SC 2256, Applied.

 (Paras 5 , 6 , 7 , 8 , 9) 

Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), S.10(2)(i) - Specific Relief

Act (47 of 1963), S.20 -

Cases Referred Chronological Paras

Arjunlal Bhatt Mall Gothani v. Girish Chandra Dutta : AIR

1973 SC 2256 : (1973) 2 SCC 197 (Applied)

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