VidhiSangh

Supreme Court of India · 08/05/2024

MAHENDRA KAUR ARORA versus HDFC BANK LTD

[2024] 6 S.C.R. 280 · 2024 INSC 432

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Summary

A bank tenant could not invoke deposit-refund clauses to retain premises rent-free when it had not arranged actual handover of vacant possession. The agreements required simultaneous refund and handover; a termination notice alone did not establish that the landlord had defaulted on refund. The landlady’s Rent Tribunal decree was restored. The separate dismissal of her intra-court appeal from an Article 227 order was upheld.

Issues

  1. Whether termination of the lease without arranging possession handover entitled the bank to rent-free occupation pending deposit refund.
  2. Whether an intra-court appeal lay from the Single Judge’s Article 227 decision.

Provisions considered

Held

Result

Civil Appeal 6096/2017 allowed and landlady’s Rent Tribunal decree restored. Civil Appeal 6097/2017 dismissed; parties to bear their own expenses.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 280.