RAJA DHRUV DEV CHAND versus HARMOHINDER SINGH & ANR.

RAJA DHRUV DEV CHAND versus HARMOHINDER SINGH & ANR.

The doctrine of frustration under Section 56 of the Indian Contract Act does not apply to leases. Unless the property leased is destroyed or rendered substantially and permanently unfit for use, the lessee cannot avoid the lease simply due to inability to use the land for its intended purpose; consequently, the lessee is not entitled to refund of rent paid.

Parties
Appellant: Raja Dhruv Dev Chand; Respondent: Raja Harmohinder Singh; Respondent: Kanwar Rajinder Singh
Jurisdiction
India
Judgment Date
01 March 1968
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Doctrine of Frustration, Lease of Agricultural Land, Transfer of Property Act Applicability
Contract Law Property Law Doctrine of Frustration Lease of Agricultural Land Transfer of Property Act Applicability

Case Brief

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Parties

Raja Dhruv Dev Chand

Appellant

Raja Harmohinder Singh

Respondent

Kanwar Rajinder Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the doctrine of frustration under Section 56 of the Indian Contract Act applies to leases of agricultural land
  2. 2 Whether frustration of contract entitles lessee to claim refund of rent when unable to cultivate leased land due to riots and partition

Ratio Decidendi

The doctrine of frustration under Section 56 of the Indian Contract Act does not apply to leases. Unless the property leased is destroyed or rendered substantially and permanently unfit for use, the lessee cannot avoid the lease simply due to inability to use the land for its intended purpose; consequently, the lessee is not entitled to refund of rent paid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs