Supreme Court · 2022 INSC 928 · Decided 6 September 2022
Indian Oil Corporation LTD. v. Sudera Realty Private Limited
- Court
- Supreme Court of India
- Citation
- 2022 INSC 928 · [2022] 19 S.C.R. 462
- Case number
- CIVIL APPEAL No. 6199/2022
- Decided
- 6 September 2022
- Bench
- K.M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 106; Limitation Act Section 51
Headnote
Lease - Tenant at sufferance - Liability to pay mesne profits - 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 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, that does not detract from the possession of the erstwhile tenant turning unlawful
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