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An innocent landlord lets premises for residential use at Rs. 1,400 per month, without knowledge of or…

Section 23 of the Indian Contract Act, 1872 concerns the object and consideration of the agreement. An innocent landlord's lawful residential letting is not made an…

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An innocent landlord lets premises for residential use at Rs. 1,400 per month, without knowledge of or participation in the tenant's secret use for prostitution. The landlord later learns of it and sues only for rent accrued before learning of it. Considering only the defence that the original letting had an immoral object under section 23 of the Indian Contract Act, 1872, what should the court do?

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Answer and explanation

Correct answer B

Section 23 of the Indian Contract Act, 1872 concerns the object and consideration of the agreement. An innocent landlord's lawful residential letting is not made an agreement for an immoral purpose merely by the tenant's undisclosed use. Earlier accrued rent is not defeated on that ground alone. Eviction or liability for later participation requires separate legal and factual inquiry.

Option feedback

Option A

The innocent residential letting is not proved to have an immoral object by secret tenant use alone.

Option B

Earlier accrued rent is not defeated on that ground alone where the landlord did not share that purpose.

Option C

The facts negate original shared knowledge or participation.

Option D

A rent suit alone does not establish entitlement to an eviction order.

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