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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Siddhatha Singh – Appellant
Versus
Ajit Singh Bawa – Respondent
| Table of Content |
|---|
| 1. formation of lease agreement and tenant obligations. (Para 1 , 2 , 3 , 4) |
| 2. respondent's basis for lease termination. (Para 5 , 6 , 7) |
| 3. appellant's claims challenging court's decision. (Para 9 , 10 , 11) |
| 4. court's reasoning on tenant's obligations under lease. (Para 12 , 14 , 15 , 16) |
| 5. judgment reinforcement and rejection of appeal. (Para 17 , 18) |
| 6. final dismissal of the appeal. (Para 19) |
JUDGMENT
Saurabh Banerjee, J. Appellant-tenant, the original defendant before the learned trial court (hereinafter referred as "Appellant"), has preferred the instant appeal against the impugned judgement dated 19.02.2022, whereby, the learned trial court has allowed the application under Order XIII A of The Code of Civil Procedure, 1908 (hereinafter referred as "CPC") read with Section 151, CPC read with Section 3 of The Commercial Courts Act, 2015 (hereinafter collectively referred as "Order XIII A application") filed by the respondent-landlord, the original plaintiff before the learned trial court (hereinafter referred as "Respondent") and decreed the suit in favour of the respondent and against the appellant.
2. Succinctly put, the respondent instituted a suit for posses
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.
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.
The jurisdiction under Article 227 does not permit appellate review of findings from lower courts, requiring trials to resolve disputes over lease agreements.
The main legal point established in the judgment is the difficulty in proving valuable consideration for sub-letting and the requirement of reasonable and bona fide need for possession under Section ....
The tenant is not liable to deposit the time-barred arrears of rent, particularly having regard to the requirement in Section 12(1)(a) that the arrears of rent must be legally recoverable from the te....
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
A tenant cannot dictate a landlord's needs; once a tenancy is terminated by notice, the tenant's status may shift to tenant at sufferance, allowing for eviction.
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