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Mohd Afzal vs Common Wealth Hotel Pvt. Ltd. ... on 19 March, 1991

In the decision N. Basu v. Nilima (1 supra) the tenant pleaded that he was dispossessed from the first floor of the premises under the threat of Criminal Prosecution and coercion by the Vendor of the plaintiff with the help of Howrah Municipality and until the tenant is put in possession thereof, there will be suspension of payment of rent. It was also contended in the said case by the tenant that his dispossession from the premises was high handed and the landlady is not entitled to claim any right from not allowing the tenant from holding the entire premises peacefully. The learned judge who decided the said case considered that aspect and held as follows: -
Andhra HC (Pre-Telangana) Cites 6 - Cited by 0 - Full Document

Basakhi Ram Halwai (Died) vs Gobind Kumar Chopra on 15 December, 1995

In this view of the matter, I feel further fortified by another ruling reported in Nirmalendu Basu v. Smt. Nilima Chatterjee, A.I.R. 1975 Calcutta 418. In that case, on evidence it was proved that the landlord acted fraudulently to keep the tenant out of possession of the portion of the said premises. Their action was found to be mala fide and tortuous. In view of that factual position, his Lordship held that the tenant was justified to suspend the payment of rent.
Punjab-Haryana High Court Cites 7 - Cited by 0 - S C Malte - Full Document

Ved Rattan And Bros. vs Janak Raj on 27 September, 1978

(11) Counsel for the tenant has referred me to N.Basu v. Nilima, and Nilkantha v. kahitish Chandra, . In these Cases it was held that if there is a partial dispossession by the landlord the question of proportionate reduction of rent does not arise as the rent is fixed in lumpsum and the lease is indivisible. The mere fact that the area dispossessed is a small one is not of an over-riding importance so as to dissuade the court from applying the principles of justice, equity and good conscience if the court finds that the act of the landlord was definitely a tortuous one.
Delhi High Court Cites 11 - Cited by 5 - Full Document

Dev Raj Bajaj vs R.K. Khanna on 8 June, 1984

In Nirmalandy Basu and others v. Smt. Nilima Chatierjee, , it was observed that a tenant is entitled to Suspension of rent in a case where the landlord dispossesses his tenant from any portion of the leased property by exercising physical force, coercion, threat or any other trick of means or any fraudulent or malaise process agains', the wish or will or natural inclination of the latter or where the landlord connives with or assists others directly or indirectly to dispossess the tenant or does something which is responsible for the dispossession of the tenant from any portion of the tenancy or by his acts or omission leads the tenant to part with possession of any portion of the property in lease against his will or consent or depriving him of the benefit or use of such property, the tenant so dispossessed shall be entitled to suspension of the entire rent if he so likes so long as he does not get back the portion from which he is dispossessed.
Delhi High Court Cites 6 - Cited by 0 - Full Document
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