Topic

Duty to Mitigate

1 articleLatest September 2026
Section 73 ICA | Landlord Must Mitigate Loss and Prove Market Rent to Claim Damages : Delhi HC
Case Law Analysis
|Delhi High Court

Section 73 ICA | Landlord Must Mitigate Loss and Prove Market Rent to Claim Damages : Delhi HC

The Delhi High Court ruled that a landlord claiming damages for lost rent must first mitigate the loss and establish the prevailing market rent at the time of breach, failing which the claim under Section 73 of the Indian Contract Act fails. The decision affects landlords seeking compensation for tenant-induced utility theft, emphasizing the evidentiary burden on them.