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    <title>2006 (10) TMI 236 - HIGH COURT OF RAJASTHAN</title>
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    <description>A lessee who realises enhanced rent from a sub-tenant cannot retain only the original contractual rent payable to the lessor; in the absence of a contrary contract or local usage, the increased rent received remains payable to the landlord under Section 108 of the Transfer of Property Act. The Court also treated accessions made during the lease as following the leased property on determination, so expenditure on shops or improvements could not be adjusted against arrears of rent. On that reasoning, the reduction of payment to 75 per cent was held unsustainable and full payment of the enhanced rent was required.</description>
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    <pubDate>Fri, 13 Oct 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=111335</link>
      <description>A lessee who realises enhanced rent from a sub-tenant cannot retain only the original contractual rent payable to the lessor; in the absence of a contrary contract or local usage, the increased rent received remains payable to the landlord under Section 108 of the Transfer of Property Act. The Court also treated accessions made during the lease as following the leased property on determination, so expenditure on shops or improvements could not be adjusted against arrears of rent. On that reasoning, the reduction of payment to 75 per cent was held unsustainable and full payment of the enhanced rent was required.</description>
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