AI Overview...
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Lessor's Responsibility for Repairs and Renovation - Clause 12 of the 1998 lease deed indicates that the lessor can be asked to undertake repairs and renovations, provided the lessee pays the prevailing market costs for such work. This suggests that the lessor is liable to reimburse the lessee for renovation expenses if the lessee bears the costs Tikka Brijinder Singh Bedi & Ors. VS Metso Minerals (New Delhi) Pvt. Ltd & Anr. - Delhi, HS BEDI vs NATIONAL HIGHWAY AUTHORITY OF INDIA - Delhi, HS Bedi VS National Highway Authority of India - Delhi.
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Lessee's Obligation to Restore Property - Upon lease termination, the lessee must restore the property to the lessor, and if the lessee offers possession but the landlord refuses, possession is deemed delivered, absolving the lessee of further liability HS BEDI vs NATIONAL HIGHWAY AUTHORITY OF INDIA - Delhi.
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Liability for Renovation Costs - The primary insight from the sources is that while lessees often undertake renovation at their own expense, the lessor may be liable to repay these costs if the lease agreement or specific clauses (like Clause 12) stipulate that the lessor is responsible for repairs and renovation, especially if the lessee has paid upfront and the lessor is obliged to reimburse Tikka Brijinder Singh Bedi & Ors. VS Metso Minerals (New Delhi) Pvt. Ltd & Anr. - Delhi, HS BEDI vs NATIONAL HIGHWAY AUTHORITY OF INDIA - Delhi.
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Legal and Contractual Context - The lease agreements often specify conditions under which the lessor is liable for renovation costs, emphasizing the importance of contractual clauses. For example, the lease deed's provisions and the lessee's payments at market rates support the lessee's claim for reimbursement Tikka Brijinder Singh Bedi & Ors. VS Metso Minerals (New Delhi) Pvt. Ltd & Anr. - Delhi, HS BEDI vs NATIONAL HIGHWAY AUTHORITY OF INDIA - Delhi.
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Additional Considerations - Cases involving failure to repay or fulfill obligations (e.g., mortgage, transfer conditions) highlight that the lessor's liability to reimburse depends on adherence to contractual terms and legal stipulations Bikram chatterji VS Union Of India - Supreme Court, Municipal Corporation Of Greater Mumbai (MCGM) VS Abhilash Lal - Supreme Court.
Analysis and Conclusion:
Based on the referenced clauses and case facts, the lessor is liable to repay renovation costs to the lessee when the lease agreement explicitly or implicitly requires the lessor to undertake repairs and when the lessee has paid for renovation work at prevailing rates. The lessee's obligation to restore the property and the contractual clauses governing repairs are crucial in determining liability. Therefore, in appropriate circumstances, the lessor is indeed liable to reimburse the lessee for renovation expenses, provided such obligations are established through the lease agreement Tikka Brijinder Singh Bedi & Ors. VS Metso Minerals (New Delhi) Pvt. Ltd & Anr. - Delhi, HS BEDI vs NATIONAL HIGHWAY AUTHORITY OF INDIA - Delhi, HS Bedi VS National Highway Authority of India - Delhi.
Search Results for "Lessor is Liable to Repay the Renovation Cost to the Lessee"
2010 0 Supreme(Del) 855 • India - Delhi
VALMIKI J.MEHTA
I may in this regard also refer to Clause 12 of the 1998 lease deed which envisages the position that the lessor in fact can be asked to do the work of repairs and renovation of the premises, subject of course to payment of costs by the lessees and meaning thereby that it is not that the lessee only ... In case the Lessee wants the Lessor(s) to get this work done, the lessee shall pay for the costs at the prevailing market rate and time taken to perform the work.” .......
2022 0 Supreme(Sikk) 59 • India - Sikkim
BHASKAR RAJ PRADHAN
17, 19) ... ... Facts of the case: ... Plaintiff, a hotel operator, alleged failure of defendants to repay ... The lease deed (exhibit-12) was between defendant no.1 as the lessor and the plaintiff as the lessee. The original lease deed (exhibit-12) was exhibited by the plaintiff. His as well as the signatures of the defendants were identified by the plaintiff. ... Admittedly, however, this payment was not made which led to the execution of the agreement (exhibit-13) between the defendant no.1 as the lessor and the pa....
2015 Supreme(Online)(DEL) 3969 • India - High Court of Delhi
MR. J.R. MIDHA, J
Upon termination, the lessee must restore the property to the lessor. ... lease termination, if the tenant offers possession but the landlord refuses, possession is deemed delivered, and the tenant is not liable ... I may in this regard also refer to Clause 12 of the 1998 lease deed which envisages the position that the lessor in fact can be asked to do the work of repairs and renovation of the premises, subject of course to payment of costs by the lessees and meaning thereby that it i....
2015 0 Supreme(Del) 793 • India - Delhi
J.R.MIDHA
I may in this regard also refer to Clause 12 of the 1998 lease deed which envisages the position that the lessor in fact can be asked to do the work of repairs and renovation of the premises, subject of course to payment of costs by the lessees and meaning thereby that it is not that the lessee only ... Vacation of a leased property by the lessee together with a notice to the lessor to take delivery of the possession would sufficiently discharge the lessee of any furt....
2019 5 Supreme 3 • India - Supreme Court
ARUN MISHRA, UDAY UMESH LALIT
had right to mortgage only subject to fulfilment of conditions imposed by lessor/authorities – No effective action had been taken ... prevent fraud – In case promoter fails to complete or is unable to give possession of an apartment, plot or building, he shall be liable ... in violation of condition cannot be said to be effective in accordance with law as land was owned by concerned authorities and lessees ... The transfer of the plot by the lessee was only on fulfilment of certain conditions. The dues of lesso....
2017 4 Supreme 6 • India - Supreme Court
PINAKI CHANDRA GHOSE, AMITAVA ROY
vitiate – Special Judge will still have jurisdiction – Instantly appeals against A1 abating on her death – Even then, held, A2 to A4 liable ... Limited – Receipt books etc. as regards subscription of Rs.5000/- per subscriber produced – However investment, cost of equipment ... Hence the prosecution evidence towards cost of construction is liable to be rejected in its entirety. ... Hence the whole amount of Rs.2,13,63,457/- is liable to be excluded. ... However the High Court values the same ....
2024 Supreme(Online)(ITAT) 1527 • India - Income Tax Appellate Tribunal (Chennai Bench)
Shri S.S. Viswanethra Ravi, Shri Jagadish, JJ
handover the land to the lessor. ... The lessee had, inter alia, agreed to pay an annual sum during the whole period of the lease as a protection fee and in consideration of that payment, the lessor undertook not to grant to any person any lease, permit or prospecting licence for limestone. ... Proceeding further, upon perusal of Clause-11 of lease deed dated 02.05.2010, it could be seen that the assessee-lessee, upon termination of the lease, was to deliver the possession of the demised land to the lessor#HL_E....
2011 0 Supreme(Bom) 1101 • India - Bombay
A.M.KHANWILKAR, R.Y.GANOO
According to the wife, if the flat would have been surrendered without renovation it would have fetched sum of Rs.2,00,000/- only and that is how she claims that on account of renovation of the tenanted flat at her cost, an extra amount of Rs.1,37,000/- was received. ... The husband wants that the record of the society is liable to be rectified. Similarly, agreement made with the Developer is also liable to be rectified by deleting the name of the wife from the said agreement. ... It is the stand of the....
2019 0 Supreme(SC) 1277 • India - Supreme Court
ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
SevenHills’ inability to repay its debts led to the initiation of insolvency proceedings by Axis Bank. ... (ii) In the case of any contravention of the provisions of sub-clause (i), the lessee or transferor of such leasehold rights, shall be liable to pay penalty in addition to such premium and transfer fees or charges, at such rates as may be specified by the corporation, from time ... The MCGM shall be liable to issue the Project Completion Certificate on written application by SHCL to that effect after completion of ....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
period of time – Mere presence of Pujaris does not vest in them any right to be Shebaits – As appointees of Shebait, they are liable ... appointed by founder or by a Shebait to conduct worship – This appointment does not confer upon Pujari status of a Shebait – They are liable ... Renovation was carried out at the cost of the British Government through a Muslim contractor and a fine was imposed on the Bairagis and Hindus of Ayodhya to recover the cost of repair. ... As appointees of the shebait, they ar....
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