Case Law Analysis
|Kerala High Court
Possession Without Registered Lease Deed Creates Liability for Use & Occupation at Market Rate | Kerala HC Clarifies Equitable Remedy Under Transfer of Property Act
The Kerala High Court ruled that even without a registered lease deed, a party in exclusive possession of commercial premises with a clear intent to lease and actual use of the property becomes liable to pay damages equivalent to market rent. This establishes a critical equitable principle for landlords and commercial tenants alike, closing a loophole where parties evade payment by avoiding formal registration.