Chetty v Pillay (Civil Side No: 358 of 2009) [2011] SCSC 90 (15 November 2011)

Chetty v Pillay (Civil Side No: 358 of 2009) [2011] SCSC 90 (15 November 2011)

The plaintiff's claim is not maintainable as the lease agreement was ineffectual and terminated, conferring no right to claim rental receipts from the defendant, who as owner and lessor is entitled to collect rents.

Citation
[2011] SCSC 90
Parties
Plaintiff: Krishnan Chetty; Defendant: P. Subramaniyan Pillay
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 November 2011
Case Number
Civil Side No: 358 of 2009
Procedural Posture
Civil / Judgment
Outcome
suit dismissed with costs
Legal Topics
Lease Agreements, Agency, Rental Claims, Termination of Lease
Source Language
English
Property Law Contract Law Lease Agreements Agency Rental Claims Termination of Lease

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Krishnan Chetty

Plaintiff

P. Subramaniyan Pillay

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is the plaintiff legally entitled to the rental amounts collected by the defendant from the tenants in respect of the premises in question?

Ratio Decidendi

The plaintiff's claim is not maintainable as the lease agreement was ineffectual and terminated, conferring no right to claim rental receipts from the defendant, who as owner and lessor is entitled to collect rents.

Court Disposition

suit dismissed with costs

Orders

  • Order of 4th January 2010 for provisional attachment of Rs490,765 vacated.
  • Registrar to release Rs490,765 to the defendant, Mr. P. Subramaniyan Pillay.