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Supreme Court of India 2019-04-03 allowed

LAXMI CHAUDHARY vs SAHIB SINGH CHAUDHARY

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

A landlord sought eviction of a tenant from a property comprising a basement and second floor, claiming unpaid damages. The trial court ordered eviction and damages at Rs. 20,000 monthly. The High Court granted stay subject to the tenant paying Rs. 7,500–15,000 monthly but later vacated the stay for non-compliance. The Supreme Court held that the tenant's substantial deposits and continuing payments warranted restoring the stay. Since the landlord had taken possession of the basement, the Court reduced the damages to Rs. 6,000 monthly for the second floor alone, pending final disposal of the High Court appeal."

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Landlord and Tenant Eviction Civil Procedure Mesne Profit Injunction

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