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Supreme Court of India 2025-11-11 dismissed

K. Subramaniam (D) through LRS. K.S. Balakrishnan & Ors vs M/s. Krishna Mills Pvt. Ltd

Bench: 2 — Dipankar Datta, Manmohan

In Brief

A tenant of commercial property leased from Krishna Mills Pvt. Ltd. disputed the quantum of rent for years through multiple proceedings. When the rent controller fixed fair rent in 2007, the tenant paid only instalments of arrears after obtaining interim orders, without seeking a stay of the fair rent determination. The Supreme Court dismissed the tenant's heirs' appeal against eviction for wilful default, holding that failure to seek a stay of the fair rent order, combined with belated and partial payment of arrears over several years, constituted wilful default. The Court affirmed that mere pendency of appeal does not excuse non-payment of judicially determined rent.

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Rent Control Tenancy Law Eviction Wilful Default Fair Rent Appellate Jurisdiction

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