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Supreme Court of India 2020-02-13 partly_allowed

Amrit Mehta & Ors vs North Delhi Municipal Corporation

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The appellants purchased a property in 1997 that was previously leased to the North Delhi Municipal Corporation (NDMC), which operated a school there. The NDMC stopped using the property and denied payment of arrears. The appellants sought injunction and rent recovery. The trial court awarded only rent; the first appellate court granted injunction; the High Court reversed, denying injunction. The Supreme Court held that while non-user does not constitute abandonment alone, where a tenant ceases using property for its intended purpose, the purchaser in possession may retain it. The Court affirmed injunction but waived the rent claim, ordering no monetary compensation between the parties."

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Landlord and Tenant Law Property Rights Possession Contract Law Injunctions

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