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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

Bengal Chemicals owned a property in Kolkata let to Ajit Nain, who ran a school there. The lease expired in May 2014, but Nain remained in occupation without agreeing to revised rent terms proposed by the landlord. The Estate Officer ordered eviction and assessed damages at Rs.4.61 crores. The High Court quashed this order citing procedural fairness concerns, and remitted the matter. The Supreme Court affirmed the remission but imposed interim conditions: Nain must pay Rs.2.5-3 lakhs monthly as use and occupation damages in three equal installments, failing which he forfeits the right to defend and faces automatic eviction. The final quantum will be determined by the Estate Officer after affording both parties full opportunity.

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Property Law Landlord and Tenant Eviction Damages for Use and Occupation Administrative Law

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