DELHI HIGH COURT – BREACH OF CONDITIONS OF LEASE ENTITLES OPPOSITE PARTY TO TERMINATE LEASE AND WHERE BREACH IS BY TENANT, LANDLORD GETS RIGHT TO TERMINATE LEASE

Delhi High Court

Date of Judgement: 12.08.2015

Transfer of Property Act, 1882 — Sections 106 and 111 — Banking Regulations Act, 1949 — Section 44A and Section 45 — Tenancy — Eviction — Assignment of tenancy rights by tenant — Lease-deed prohibits sub-letting/assignment without prior written consent of lessor — Breach of condition of lease entitles opposite party to terminate lease and where breach is by tenant, landlord gets right to terminate lease — Lease is subject to condition of payment of rent and in law if rent is not paid two rights flow to landlord — First to recover rent and second to terminate lease — It is often to landlord to overlook breach of condition of lease and not terminate the same but sue only for recovery of rent — It is open to landlord to proceed to terminate lease on account of non-payment of rent and proceed to recover possession and additionally claim damages for unauthorized use and occupation from date possession becomes unauthorized — Appeal dismissed with cost against appellant and in favour of respondents.

2015(3) CLJ 637

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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