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2015 (9) TMI 240 - HC - Indian LawsDishonour of cheque - Cheques given in persuance of rent due - Held that:- Appellant and the other co-owners are the owners and the landlords of the premises in question; premises in question was leased out by five different lease deeds to the respondent/lessees by the five co-owners in respect of their undivided 1/5th share each on a monthly rent of ₹ 1,10,000/- for each of the co-sharers, i. E. ₹ 5,50,000/- in the aggregate; lease had not been surrendered by the lessee, and; the advance cheques issued by the lessee towards payment of rent were dishonoured upon presentation. Pertinently, the lease agreements also provided for payment of interest on the overdue amount of arrears of rent @ 18% p. A. However, the cheques in question did not pertain to the said claim for interest. They pertained only to the monthly rent, which is an ascertained and crystallized liability. It is equally pertinent to note that the respondents admitted their liability in their reply dated 23.05.2009 and conveyed their intention to clear the cheques and stated that they were dishonoured due to their tight financial position. Advance cheques had been issued towards payment of rent by the respondent/lessees. The respondents continued to remain tenants and incurred the liability to pay rent month to month. The advance cheques issued towards payment of rent when deposited for realization of the rent for the said period were dishonoured upon presentation. The respondent/lessees incurred the liability to pay the rent as they continued to retain possession even though the same had been sealed by the municipal authorities. Thus, reliance placed on Indus Airways (2014 (4) TMI 464 - SUPREME COURT) by the learned MM is completely misplaced and this is yet another serious error of law found in the impugned judgment. - Impugned order is set aside - Decided in favour of appellant.
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