The parties are governed by the terms in the contract - SC

State of Kerala is assailing an order passed by the High Court of Kerala at Ernakulam. M/s Joseph & Company, as also the respondent State of Kerala, had filed Writ Appeals to the extent they were aggrieved. An extent of the leased land measuring 50 acres has been sold without consent to Mr. Raghavan. Clause 12 of the lease agreement provided that default if any committed could be remedied if the lessee was put on notice. The contention that leases rentals were being paid in respect of the entire extent cannot be accepted outright as no contention was urged and details were not laid in original proceedings. The Division Bench was not justified in concluding that the non­issue of notice and not providing opportunity to remedy the default is fatal. Section 111(g) of the T.P. Act though noticed, the parties are governed by the terms in the contract and as such the lessee cannot claim benefit under the said provision. 

September 03, 2021 

State Of Kerala & Anothers Versus  M/s Joseph & Company