The Supreme Court in M/S PARK STREET PROPERTIES (PVT) LTD. VS. DIPAK KUMAR SINGH & ANR has held that the phrase ‘contract to the contrary’ in Section 106 of the Transfer of Property Act means a ‘valid contract’ and it cannot be read to mean that the parties are free to contract out of the express provisions of the law, thereby defeating its very intent. Apex Court Bench comprising of Justices V. Gopala Gowda and Adarsh Kumar Goel restored the Judgment of Trial Court which had decreed the suit of Landlords for recovery and Khas possession.
Article referred: http://www.livelaw.in/phrase-contract-contrary-not-mean-parties-free-contract-express-provisions-law-sc/
Article referred: http://www.livelaw.in/phrase-contract-contrary-not-mean-parties-free-contract-express-provisions-law-sc/
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