Landlord Cannot Refuse Tenant Possession Due to Property Damage

A recent ruling in a Delhi court clarified that landlords cannot refuse to take possession of a property even if it is damaged or not restored to its original condition. The court was hearing a lawsuit against Devyani International Ltd claiming over Rs 1 crore with interest. The judge referred to a previous verdict by the Delhi High Court, stating that if landlords fail to accept unconditional possession from the tenant, they cannot later sue for rent recovery. In this case, the landlord claimed that the tenant had failed to pay rent and damaged the property. However, after reviewing the evidence, the court found that the lease had been terminated when the tenant offered possession to the landlord, who chose not to accept it. Therefore, the possession of the property was deemed to have been delivered to the landlord. The court ruled that the landlord was entitled to rent payments from April 2020 to October 2020, after adjusting a security deposit paid earlier by the tenant. This ruling clarifies the importance of accepting unconditional possession from a tenant and highlights the consequences of refusing to do so.