CASE - A landlord lends his premises to a tenant for a term of 2 years. The tenant unaware of the fact that the electricity bill is due for payment for last 2 months for the said premises, takes the same on rent.After sometime the tenant receives a letter from the electricity department regarding the due bills asking to pay the same within 2 days or else the electricity connection will be discontinued. The tenant without asking the lender pays the bill. When the tenant asks the landlord for reimbursement for the amount paid, he refuses to do so. Landlord contends that he had no intentions to pay the bills, and the tenant had no duty towards the payment of bill. Discuss whether the contention of landlord is right and whether the tenant get any legal rights against the landlord?
ANSWER - The contention of landlord is invalid under the light of the provisions laid down in The Indian Contract Act, 1872. In the above situation, a QUASI CONTRACT is created between the tenant and the landlord, more specifically Section 69 of the said act is attracted. And hence,
The landlord would be liable to reimburse his tenant and; tenant will have a legal right towards the landlord for procurement of the paid overdue bill.
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