Expired lease and registration defect left no enforceable right to remain in possession during insolvency proceedings.

Expiry and non-renewal of a lease, coupled with a registration objection under Section 17 of the Registration Act, 1908, left the appellant without any subsisting contractual or enforceable right to continue in possession of the premises during insolvency proceedings. The Tribunal treated the lease deed as incapable of supporting a continuing right in the circumstances and held that, once no legal right survived, the direction to vacate did not suffer from legal error. Non-compliance with the earlier opportunity granted by the adjudicating authority further reinforced the conclusion that no protection against eviction could be claimed.

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Issues: Whether, after expiry and non-renewal of the lease and in view of the registration objection, the appellant had any subsisting right to continue in possession of the premises and resist eviction during insolvency proceedings.

Analysis: The lease had admittedly expired and was not renewed. The occupancy claimed by the appellant therefore ceased to have a continuing contractual basis. The Tribunal also treated the lease deed as unable to confer an enforceable right in the circumstances noted, including the objection based on Section 17 of the Registration Act, 1908. Since no subsisting legal right survived, the direction to vacate the premises during the insolvency process did not suffer from legal error. The failure to comply with the earlier opportunity granted by the adjudicating authority further supported the conclusion that no protection could be claimed against eviction.

Conclusion: The appellant had no enforceable right to remain in possession, and the eviction direction was upheld.

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