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June 2023

Allied Laws

By Dr. K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 6 mins
10 Indian Oil Corporation Ltd vs.
Sudera Realty Pvt Ltd
AIR 2023 SUPREME COURT 5077
Date of order: 6th September, 2022Lease – Tenancy after the expiry of lease – liable to Mesne profits [Code of Civil Procedure, 1908, S 2(12), O. 20, R. 12; Transfer of Property Act, 1882, Section 111(a)]
  FACTS
The Defendant is the original Plaintiff. It was the case of the Defendant that the current Appellant was in wrongful possession of its property and thus claimed mesne profits. The Appellants on their reading of the lease agreements found that they were not illegally occupying the said property. The Ld. Single judge found the appellant entitled to pay mesne profits.Hence, the present appeal. HELD
A tenant continuing in possession after the expiry of the lease may be treated as a tenant at sufferance, which 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 dispossessed, th
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