The lease of land admeasuring 207 sq. yards, bearing No. 3/13, Industrial Area, Kirti Chowk, Gandhinagar, was granted by the competent authority to Amarpal Singh vide Lease Deed dated 31st December, 2010, for a term of 9
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2024
The lease of land admeasuring 207 sq. yards, bearing No. 3/13, Industrial Area, Kirti Chowk, Gandhinagar, was granted by the competent authority to Amarpal Singh vide Lease Deed dated 31st December, 2010, for a term of 99 years. Clause (b) supra of the Lease Deed of the land aforesaid, requires the lessee to obtain approval from Land & Development Officer (L&DO) before any 'assignment or transfer' of the leased premises. Clause (c) supra of the Lease Deed entitled the appellants L&DO to claim and recover unearned increase at the time of 'transfer' subsequent to the first 'transfer'. In 2012, the lessee Amarpal Singh transferred the leasehold rights in the said property to M/s Mahalaxmi Saw Mills, a partnership firm ('MSM'). The constitution of the said MSM changed from time to time but no intimation thereof was given to the appellants L&DO; as on 7th May, 1986, there were 7 partners in the partnership firm. The aforesaid seven partners of MSM, on 26th August, 2020, got incorporated as Mahalaxmi Pvt Ltd, the respondent Company, and transferred the business, assets and liabilities of partnership firm MSM to the respondent Company, at their net book value and became shareholders of respondent Company in proportion of their shares in the partnership firm. The respondent Company thereafter applied to the appellants L&DO, for mutation of the leasehold rights in the land aforesaid, from the name of MSM to the name of the respondent Company. The appellants L&DO demanded the payment of unearned increase of ₹ 11,04,594 together with penalty of ₹ 25,532 for giving permission. The respondent Company challenged the demand under a writ petition and the Single Judge, relying on Vali Pattabhirama Rao v. Sri Ramanuja Ginning and Rice Factory (P) Ltd. AIR 1984 AP 176, had allowed the writ petition of the respondent Company by quashing the demand for unearned increase and by directing the appellants L&DO to mutate/record the leasehold rights in the property from the name of the partnership firm to the name of the respondent Company. Based on the facts as above, answer the following: In light of the state law on property, discuss the legal status of the Company with respect to the land.
Answer & Explanation:
In the aforesaid state of law, it cannot be said that the change in the ownership / title to leasehold rights from that of the partners of M/s Mahalaxmi Saw Mills to the Mahalaxmi Pvt. Ltd. did not result in change of ownership / title to leasehold rights. Transfer is defined in Black's Law Dictionary, 8th Edition as any mode of disposing of or parting with an asset or an interest in an asset; Assignment is defined as transfer of rights or property. A change in ownership of leasehold rights in the land underneath the property from partners of M/s Mahalaxmi Saw Mills to Mahalaxmi Pvt. Ltd. would thus amount to the said partners parting with the leasehold rights to the Mahalaxmi Pvt. Ltd. and would constitute a transfer or assignment of leasehold rights within the meaning of Clauses (b) & (c) of the Lease Deed. Further the seven partners of MSM worked as promoter of the Mahalaxmi Pvt. Ltd. and in given case the transfer of land to the company is a transfer subsequent to the first transfer which was affected by Sh. Amarpal Singh in favour of M/s Mahalaxmi Saw Mills. Thus, if it is a transfer or assignment within the meaning of clauses aforesaid of the Lease Deed, as is contended by Land and Development Officer (L&DO), unearned increase would be payable thereon, for which the Company will be liable. Further as per property law the company is having defective title until the clearance of L&DO dues.
Topics: Property Law
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