Law:

Section:

Transfer of Property Act (IV of 1882)----- ----Ss.105 & 108---Law Reforms Ordinance (XII of 1972), S.3---High Court Appeal---Lease of property---Lessee of plot having died, his legal heirs who had obtained letters of administration in respect of assets left by the deceased lessee, approached the lessor to mutate their names in record m respect of the plot---Lessor instead of mutating plot in the names of legal heirs of the deceased lessee, filed application to recall Letter of Administration granted to legal heirs of the deceased in respect of the plot---High Court after hearing parties, dismissed application filed by the lessor and directed him to mutate plot in the names of legal heirs of deceased in accordance with law---Validity---Lessor had failed to point out any clause in lease deed whereby lessor had been authorized either to terminate the lease in case of death of lessee or that the right accrued to lessee could not be inherited by his legal heirs---Plot in question was one of the assets left by deceased which stood in the name of deceased lessee at the time of his death and his legal heirs would inherit the same with whatever right deceased had in it and if there was any defect in the title of said plot, legal heirs of deceased would inherit such defective title---Mere fact that plot had been mutated in the names of legal heirs of deceased, would not mean that defect, if any, initially attached to the same had been wiped off nor same would disentitle lessor to take action against legal heirs of the deceased lessee---Court, in the matter pertaining to letters of administration, had only determined question about the assets left by deceased and inherited by legal heirs, but merely because letters of administration had been issued, same would not tantamount to confirming title of legal heirs of deceased lessee---High Court in its order had observed that lessor could take necessary steps in accordance with law if there was violation of restrictive covenant or deceased lessee was not entitled to allotment/lease. ORDER The appellant filed appeal aggrieved from the order dated 23-1-2002, passed by the learned Single Judge on the application filed by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492