Dismissing an appeal in Associated Journal Limited v ICRA Limited, Delhi High Court held that a lessor is deemed to have constructive possession of a property as soon as a lessee vacates the property and offers possession of it to the lessor.
The two-judge bench also held that “vacation of a leased property by the lessee together with a notice to the lessor to take delivery of the possession would sufficiently discharge the lessee of any further obligation to pay the rent”.
Associated Journal leased a property to ICRA in May 1996 and obtained a refundable security deposit. According to the lease deed, ICRA could terminate the lease by giving three months’ notice in writing or three months’ rent in lieu of it.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.