SURENDRA NATH BIBRA versus STEPHEN COURT LTD.

SURENDRA NATH BIBRA versus STEPHEN COURT LTD.

The tenant, who has been delivered only part of the lease premises, is not entitled to suspend payment of rent entirely, but must pay a proportionate part of the rent. The facts of each case determine whether suspension or apportionment applies.

Source-derived case information.

Parties
Appellant: Surendra Nath Bibra; Respondent: Stephen Court Ltd.
Jurisdiction
India
Judgment Date
04 February 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Calcutta High Court
Outcome
Appeal allowed; orders of High Court and Small Causes Court set aside; case remanded for proper calculation of proportionate rent.
Legal Topics
Apportionment of Rent, Suspension of Rent, Lease Possession
Property Law Landlord Tenant Law Apportionment of Rent Suspension of Rent Lease Possession

Source-derived case record

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Parties

Surendra Nath Bibra

Appellant

Stephen Court Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether tenant can suspend payment of entire rent when not given possession of the whole premises
  2. 2 Whether landlord is entitled to recover full rent when only partial possession is delivered
  3. 3 Whether proportionate rent can be ordered

Ratio Decidendi

The tenant, who has been delivered only part of the lease premises, is not entitled to suspend payment of rent entirely, but must pay a proportionate part of the rent. The facts of each case determine whether suspension or apportionment applies.

Court Disposition

Appeal allowed; orders of High Court and Small Causes Court set aside; case remanded for proper calculation of proportionate rent.

Orders

  • Remand to Small Causes Court, Calcutta, for disposal in light of Supreme Court judgment.
  • Parties at liberty to lead evidence on apportionment of rent.