Section 65A The Transfer of Property Act, 1882


 Section 65A The Transfer of Property Act, 1882: 

Mortgagor’s power to lease.—

(1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee.

(2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage,

(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance,

(c) No such lease shall contain a covenant for renewal,

(d) Every such lease shall take effect from a date not later than six months from the date on which it is made,

(e) In the case of a lease of buildings, whether leased with or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid with a time therein specified.

(3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.]

Supreme Court of India Important Judgments And Leading Case Law Related to Section 65A The Transfer of Property Act, 1882: 

Dev Raj Dogra And Ors vs Gyan Chand Jain And Ors on 10 March, 1981

Mangru Mahto & Ors vs Shri Thakur Taraknathji on 8 March, 1967

Raja Kamakshyanarayan Singh vs Chohan Ram And Another on 23 October, 1952

Vishal N Kalsaria vs Bank Of India & Ors on 20 January, 2016

Supreme General Films Exchange  vs His Highness Maharaja Sir  on 4 August, 1975

Supreme General Films Exchange  vs His Highness Maharaja Sir on 4 August, 1975

M/S Hindon Forge Pvt. Ltd. vs The State Of Uttar Pradesh Thr. on 1 November, 2018

Hemraj Ratnakar Salian vs Hdfc Bank Ltd. on 17 August, 2021

State Bank Of India vs Metta Chandra Sekhar Rao And Ors on 30 October, 2017

To download this dhara / Section of  The Transfer of Property Act, 1882 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.


Popular posts from this blog

100 Questions on Indian Constitution for UPSC 2020 Pre Exam

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India