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Supreme Court of India 2022-10-17 allowed

M/s. Fashion World vs Banshidhar Multi Builders Pvt. Ltd

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

A tenant in Indore faced eviction proceedings after failing to pay GST on commercial rent. The trial court struck off the tenant's defence, and the High Court upheld this. The Supreme Court reversed both orders, holding that when a tenant subsequently deposits the defaulted GST amount, the right to defend the eviction suit must be restored. While permitting the defence, the Court directed the tenant to pay rent with 15% periodic increases every three years as per the lease agreement. The trial court was ordered to decide the suit expeditiously within six months."

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Landlord and Tenant Law Eviction Defence Striking Off Accommodation Control GST Liability Lease Agreements Rent Enhancement Civil Procedure

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