The two contentions advanced before the learned Single Judge having been dealt with by us and the conclusions arrived at by the learned Single Judge, being affirmed, we deal with the contention advanced that even if there was a violation of clause 10 of the lease-deed the lease could not be determined because a term of the lease was violated and not a condition thereof.
23. Inter-alia, of the various recitals, the last recital of the lease-deed reads as under:-
―Whereas the lessor upon assurance of the lessee that it shall strictly abide by the stipulations contained in this deed which are in accordance with the terms and conditions stipulated/agreed by the lessee vide its letter dated 17.07.2008 in response to offer letter dated 07.07.2007 of lessor and accepted by the lessor on 23.07.2008, the lessor has agreed to give on lease to the lessee the demised premises on the terms and the conditions herein.‖
24. Thereafter the terms/conditions of the lease have been typed. It is thus apparent that whether we call it a term or anything else, clause 10 of the lease-deed, and for that matter all other clauses after the recitals, are not only the terms of the lease-deed but even conditions of the lease. It is trite that breach of a condition of a lease entitles the opposite party to terminate the lease, and where the breach is by the tenant, the landlord gets a right to terminate the lease.
25. The contention advanced with reference to clause 26 of the lease- deed was that parties expressly vested a right in the landlord to terminate the lease only on the condition of non-payment of rent. It was urged that therefrom it could be inferred that violation of any other term/condition of the lease the same could not be determined by the landlord.
26. Now, as we have already held hereinabove that the lease-deed has made all the terms of the lease as conditions of the lease and thus clause 10 prohibiting sub-letting or assignment without the written consent of the landlord would make it actionable if there is sub-letting or assignment.
Delhi High Court
Icici Bank Ltd. vs Late Smt. Shakuntla Gupta (Since ... on 12 August, 2015)
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE V.KAMESWAR RAO
Citation;AIR 2016(NOC)162 Del