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Supreme Court of India 2019-07-09 partly_allowed

Bengal Chemicals and Pharmaceuticals Limited and Others vs Ajit Nain and Another

Bench: 2 — R. Banumathi

In Brief

A lessee's 21-year lease of commercial premises expired in May 2014. After the owner proposed new terms including significantly increased rent, which the lessee rejected, the lessee remained in occupation without paying rent. The Estate Officer evicted the lessee and assessed damages of Rs.4.61 crores. The High Court quashed the eviction order, finding procedural defects. The Supreme Court affirmed the remand to the Estate Officer but imposed interim damage payments of Rs.2,50,000/- to Rs.3,00,000/- per month, with arrears payable in installments. The Court stressed that sufficient opportunity must be provided before eviction, but non-payment of installments forfeits the right to defend."

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Public Law Real Property Eviction Lease and Tenancy Administrative Law

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