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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
YD Mart, Super Market – Appellant
Versus
C. Prabhu S/o Chidambaram Pillai – Respondent
| Table of Content |
|---|
| 1. factual basis of the suit. (Para 1 , 2) |
| 2. plaintiff's claims regarding lease and damages. (Para 3 , 4) |
| 3. defendant's denial of claims. (Para 5 , 6) |
| 4. court's examination of refund claims. (Para 8 , 9) |
| 5. court's final orders. (Para 10 , 11 , 12) |
JUDGMENT :
P. DHANABAL, J.
1. This Civil Suit has been filed for refund of advance amount of Rs.14 Lakhs with future interest at the rate of 24% per annum; to pay a sum of Rs.21,22,821.00 towards cost incurred on the installation of fittings and fixtures and costs incurred on the establishment of interior works carried out by the plaintiff in the demised premises; to pay a sum of Rs.54,82,043.50/- towards loss incurred by the plaintiff on the abrupt removal of the perishable goods from the demised premises; to pay a sum of Rs.15,11,151.00/- towards loss of Good Will and to pay a sum of Rs.12,81,626.00/- towards loss of interest on the cost of capital and borrowed funds and for costs.
2. The brief averments of the plaint are as follows:-
2.1. The plaintiff is a partnership firm constituted under Indian Partnership Act and doing business of Supermarket, while the plaintiff was searching for a suitable place for running a super ma
A tenant must prove actual damages to recover claimed amounts from the landlord; failure to substantiate losses results in dismissal of claims, except for the advance refundable amount.
A company struck off under Section 248 (5) of the Companies Act, 2013 may be rendered -dormant- for all other purposes, the ‘certificate of incorporation’ is ‘specifically’ and ‘statutorily preserved....
The delay in construction and its attribution influenced the court's decision, leading to the invalidity of the lease termination and dismissal of the counter-claim for refund of advance money.
Court can enforce a money decree based on the defendant's admission of liability for the advance payment, despite no specific claim for it being made.
The liability of tenants to pay arrears of rent and damages to the property, the burden of proof for repair costs, and the binding nature of counter claim awards.
Contracts involving illegal agreements are void, and parties must restore benefits received under such agreements.
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