SC favours ‘contractual’ over ‘statutory’ meaning of “transfer”
Hon’ble SC recently ruled that “transfer” in a lease deed should be read broadly, not confined to the Transfer of Property Act. Parties can agree to terms beyond statutory provisions, provided they don’t contravene laws or public policy. The “transfer” clause aims to retain the lessor’s control over the property and prevent alienation jeopardizing the lessor’s rights.
