https://www.taxtmi.com/caselaws?id=472400 Temporary injunction pending specific performance of a proposed fresh lease requires a prima facie enforceable right under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. Expiry of the earlier lease and unresolved negotiations on rent, premium, security deposit and escalation do not create a concluded contract; courts cannot formulate and impose lease terms. The statutory authority may prima facie charge rent above the scheduled rate, and the blue pencil rule cannot sever an allegedly invalid term where no concluded agreement exists. Continued possession after lease expiry constitutes unauthorised occupation, and part performance is unavailable where possession was not obtained under the alleged lease agreement. Consequently, no prima facie basis exists for protective injunctive relief. en-us Fri, 29 Jun 2007 00:00:00 +0530 Sat, 10 Oct 2026 11:54:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=472400 Temporary injunction pending specific performance of a proposed fresh lease requires a prima facie enforceable right under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. Expiry of the earlier lease and unresolved negotiations on rent, premium, security deposit and escalation do not create a concluded contract; courts cannot formulate and impose lease terms. The statutory authority may prima facie charge rent above the scheduled rate, and the blue pencil rule cannot sever an allegedly invalid term where no concluded agreement exists. Continued possession after lease expiry constitutes unauthorised occupation, and part performance is unavailable where possession was not obtained under the alleged lease agreement. Consequently, no prima facie basis exists for protective injunctive relief. Case-Laws Indian Laws Fri, 29 Jun 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=472400