Back
IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Flowers Valley Floriculture Pvt. Ltd. – Appellant
Versus
Airplaza Retail Holdings Pvt. Ltd. – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being no. 38 dated February 17, 2025 passed by the learned Judge, Commercial Court at Rajarhat in T.S. (Com) No. 27 of 2024.
2. By the order impugned, the application under Order XIIIA of the Code of Civil Procedure filed by the petitioner herein stood rejected on contest.
3. The facts giving rise to this application under Article 227 of the Constitution of India, in a nut shell, are as follows.
4. By a registered deed of lease dated July 31, 2019, the petitioner as lessor had leased out an immovable property comprising of a commercial space together with covered car parking spaces in two contiguous buildings at Kazi Nazrul Islam Avenue (for short “the suit property”) to the opposite party herein, for a period of 9 years commencing from July 1, 2019. The opposite party paid the monthly lease rent as per the agreed terms of the lease deed till March 2020. However, from April 2020 the opposite party did not make payment of the monthly lease rent as per the terms of the lease deed.
5. By a letter dated April 7, 2020, th
Point of Law : It is a settled law that if a contract contains a clause providing for some sort of waiver and/or suspension of rent, it is only then that tenant could claim same.
Temporary non-use of premises does not exempt a tenant from paying rent; contractual obligations under the Lease remain enforceable despite COVID-19 restrictions.
Point of Law : It is a settled law that if a contract contains a clause providing for some sort of waiver and/or suspension of rent, it is only then that tenant could claim same.
Judgment on admission under Order XII Rule 6 is discretionary and requires clear, unambiguous admissions; further interpretation of lease terms may be necessary.
The court held that the COVID-19 pandemic constituted a force majeure event under the Lease Deed and that the defendants were entitled to the benefit of the force majeure clause insofar as payment of....
The main legal point established in the judgment is the application of Order XII Rule 6 of the CPC, the effect of non-registration of the Lease Deed under Section 49 of the Registration Act, and the ....
A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
