Supreme Court of India
Indian Oil Corporation Ltd. v. Sudera Realty Private Limited
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that landlord by the suit seeks to realise, what in law is described as damages for unaut horised occupation by the tenant after the expiry of the lease.
Judgment, page 61
From the headnote
Lease – Tenant at sufferance – Liability to pay mesne pro fits – Held: tenant continuing in possession after the expiry of the lease may be treated as a tenant at sufferance, whic h status is a shade higher than that of a mere trespasser, as in the case of a tenant continuing after the expiry of the lease, his original entry was lawful – But a tenant at sufferance is not a tenant by holding over – While a tenant at sufferance cannot be forcibly disposs essed, that does not detract from the possession of the er stwhile tenant turning unlawful on the expiry of the lease – In the present case,
Authorities it was built on
- 1971 Bhawanji Lakhamshi & Ors. v. Himatlal Jamnadas Dani & Ors.
- 2004 M/s. Atma Ram Properties (p) Ltd. v. M/s. Federal Motors Pvt. Ltd.
- 1963 Anand Nivas (private) Ltd. v. Anandji Kalyanji Pedri & Ors.
- 1961 Ganga Dutt Murarka v. Kartik Chandra Das and Others.
- 1967 The Calcutta Credit Corporation Ltd., & Anr. v. Happy Homes (p) Ltd.
- 1966 Gulabhai Vallabhbhai Desai Etc. v. Union of India & Ors.
- 1969 Ranjit Chandra Chowdhury v. Mohitosh Mukherjee
- 1969 Tayabali Jaferbhai Tankiwala v. M/s. Asha & Co. and Anr.
- 2006 Pabitra Kumar Roy and Anr. v. Alita Dsouza
- 1995 Savita Dey v. Nageshwar Majumdar and Anr.
- 2017 M/s Raptakos, Brett & Co. Ltd. v. M/s Ganesh Property
Where later benches applied it
- 2024 Bijay Kumar Manish Kumar Huf v. Ashwin Bhanulal Desai
- 2023 M/s Bharat Petroleum Corporation Ltd. and Another v. Atm Constructions Pvt. Ltd.
Of those, 1 relied on · 1 mentioned
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