June 15, 2023: Landlords can’t refuse to take back the rented property from tenants after the expiry of the lease deed, citing damages, the Patiala House Court in Delhi has ruled. The single-judge Bench of judge Vineeta Goyal court made this observation while hearing a plea against Devyani International, where the petitioner had sought recovery of nearly Rs 1.53 crore along with interest.
The company runs Pizza Hut and KFC outlets in India.
Citing the Delhi High Court’s verdict in the HS Bedi versus National Highway Authority of India, the court in its order dated June 9, 2023, said if the plaintiffs failed to take unconditional possession from the defendant of the property, he can’t later demand recovery of rent for the period after vacation of the suit property by the defendant.
“In the event of refusal of the landlord to take possession offered by the tenant, the possession shall be deemed to have been delivered to the landlord and the landlord shall not be liable to pay the rent thereafter,” the court ruled.
“The plaintiffs was (sic) offered the possession of the suit Property which was refused by him on the pretext of damage to the suit property whereas no evidence has been adduced by the plaintiffs about damage to the suit property except bald statements of the plaintiff,” it added.
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