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PETITIONER: RAJA KAMALA RANJAN ROY
Vs.
RESPONDENT: BAIJNATH BAJORIA.
DATE OF JUDGMENT: 01/12/1950
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN KANIA, HIRALAL J. (CJ) SASTRI, M. PATANJALI
CITATION: 1951 AIR 1 1950 SCR 840
ACT: Contract-- Specific performanance--Offer to purchase lease- hold right-- Stipulation that lesses should obtain consent of lesser--Lessor unreasonably refusing consent--Lessee, whether relieved of liability to assign--Suit for specific performance by purchaser--Maintainability--Lease deed--Covenant prohibiting assignment of lease without lessor’s consent, "such consent, however, not to be unrea- sonably withheld in case of respectable person "--Meaning and effect of covenant. (1) 47 Cal. 485, at p. 494. 841
HEADNOTE: The defendant had obtained certain premises on lease under a deed which contained a covenant by the lessee "not to assign the demised premises or any part thereof without first obtaining the written consent of the lessor, such consent, however, not to be unreasonably withheld in the ease of respectable or responsible person ". After some offers and counter offers the plaintiff finally made an offer to purchase the defendant’s leasehold interest on certain terms one of which was that "the consent of the landlord will be obtained by you before the completion of the s...