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    <title>2015 (9) TMI 240 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=263572</link>
    <description>Advance cheques issued towards monthly rent under a continuing lease remained linked to a legally enforceable liability where the lessees retained possession of the premises despite municipal sealing. Because the lessees did not exercise the option under Section 108(e) of the Transfer of Property Act to avoid the lease when the premises allegedly became unfit for use, the tenancy continued and rent remained payable under Section 108(l). The lessees could not unilaterally suspend rent payment, and the cheques were treated as drawn against an ascertained and crystallised liability. Authorities on advance and security cheques were distinguished because they involved no subsisting enforceable debt or a cancelled transaction.</description>
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    <pubDate>Wed, 01 Jul 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=263572</link>
      <description>Advance cheques issued towards monthly rent under a continuing lease remained linked to a legally enforceable liability where the lessees retained possession of the premises despite municipal sealing. Because the lessees did not exercise the option under Section 108(e) of the Transfer of Property Act to avoid the lease when the premises allegedly became unfit for use, the tenancy continued and rent remained payable under Section 108(l). The lessees could not unilaterally suspend rent payment, and the cheques were treated as drawn against an ascertained and crystallised liability. Authorities on advance and security cheques were distinguished because they involved no subsisting enforceable debt or a cancelled transaction.</description>
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