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Surendra Nath Bibra vs Stephen Court Ltd on 4 February, 1966

(12) In Surendara Nath Blora v. Stephen Court Ltd., it was held that it will depend upJ.l the circumstances of each case whether a tenant would be entitled to suspend payment of the rent or whether he should be held liable to pay proportionate part of the rent. It is unfair if a tenant is Toot given possession of a substantial portion of the property, he should be asked-to pay any compensation for the use of the property. But it does not seem equitable that when a tenant enjoy a substantial portion of the property of the land leased to him without much inconvenience, he should not pay any compensation for the use of the property and enjoy a windfall as it were.
Supreme Court of India Cites 6 - Cited by 35 - S M Sikri - Full Document

N.K. Baslas vs Krishan Lal on 23 November, 1972

In N.K. Baslas v. Krishan La!. 1973 R.L.R. 14 it was observed that the whole of the rent payable by the tenant to the landlord can be suspended if the tenant is deprived of the whole of the premises. It may also be that even where the tenant is deprived only of the part of the premises the rest of the premises cannot be enjoyed at all by the tenant. Then also the tenant may be entitled to suspend the whole of the rent. But when the tenant is deprived only of the part of the premises and the rest of the premises can be enjoyed by the tenant without too much difficulty or inconvenience, the tenant would be entitled only to reduce the rent proportionately so that the landlord loses that part of the rent which could be ascribed to that part of the premises of which he has deprived the tenant.
Delhi High Court Cites 12 - Cited by 11 - Full Document

Nirmalendu Basu And Ors. vs Sm. Nilima Chatterjee on 2 September, 1975

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.
Calcutta High Court Cites 9 - Cited by 4 - Full Document
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