Liability to Pay Rent Continues Till Actual Surrender of Possession, Rules Kerala High Court

The Kerala High Court held that tenants remain liable to pay rent even after issuance of a Section 3D notification under the National Highways Act, 1956, so long as they continue in possession of the premises.

The Court clarified that while ownership of the land vests in the Central Government upon notification, actual surrender of possession takes place only after subsequent statutory steps under Section 3E, including notice and compensation proceedings.

It observed that tenants cannot avoid rent liability merely because the property has been acquired, while continuing to occupy the premises.

Accordingly, the Court dismissed the plea challenging rent arrears claimed by the landlord.

[Sreekumar M.R & Ors. v. Travancore Devaswom Board & Ors.]