https://www.taxtmi.com/caselaws?id=302886 A mortgagee of leasehold rights cannot assert a title superior to the lessee where the lessor has validly determined the lease for breach of lease conditions and that forfeiture has attained finality. The lease in question had been terminated for cessation of the stipulated industrial activity, and neither the lessee nor the official liquidator challenged that determination. In liquidation, the mortgagee therefore took only the lessee's interest and could not prevent the lessor from recovering possession. The principle applied is that a mortgagee cannot defeat a lessor's contractual right to terminate the lease in accordance with its terms and seek possession, even where the leasehold asset is claimed to be part of the winding-up estate. en-us Mon, 21 Oct 2019 00:00:00 +0530 Thu, 23 Jun 2022 09:22:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302886 A mortgagee of leasehold rights cannot assert a title superior to the lessee where the lessor has validly determined the lease for breach of lease conditions and that forfeiture has attained finality. The lease in question had been terminated for cessation of the stipulated industrial activity, and neither the lessee nor the official liquidator challenged that determination. In liquidation, the mortgagee therefore took only the lessee's interest and could not prevent the lessor from recovering possession. The principle applied is that a mortgagee cannot defeat a lessor's contractual right to terminate the lease in accordance with its terms and seek possession, even where the leasehold asset is claimed to be part of the winding-up estate. Case-Laws Companies Law Mon, 21 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302886