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LANDLORD CANNOT REFUSE TO TAKE POSSESSION OF PREMISES FROM TENANT CITING DAMAGE TO PROPERTY

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The Delhi high court in Ameet Bhatia  and anr v. devyani international ltd held that a landlord cannot refuse to take back possession of leased property from the tenant on the ground that the premises were damaged .

The court relied on the judgement of HS Bedi v. National highway authority of India  and further held that the landlord cannot later sue for the recovery of rent for the period after the vacation of the property  by the tenant.

In the present case the suit was filed for the recovery of a certain  amont of money along with interest against Devyani international ltd (tenant) which runs food outlets such as pizza Hut ,KFC etc in India .

The court however provided part relief to the landlord and held that they were entitled  to rent for the period for  which the tenant  occupied the property .

Written by : Pratik  kumar  yadav , College :faculty of law,du ,An intern under legal vidhiya


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