Kumar v Dunning and Another
Language: English Series: Estates Gazette ; 283(6341) 4 July 1987, 59-64(5)Publication details: 1987Subject(s): Summary: CA 15 April 1987. Appeal by original lessee against decision dismissing claim to recover money due from the defendant sureties in reimbursement of payments made for an underlease of business premises. The plaintiff(P) had assigned the unexpired residue of underlease to a company which went into liquidation owing rent and other sums. The licence to make the assignment was made between the then lessor, the lessee, the plaintiff underlessee, the assignee and the defendant sureties. Neither the assignee nor the sureties entered into any direct covenant with (P). It was accepted both, that (P) was liable to pay the rent to the assignees of the reversion on the default of the assignees of the underlease and also, having paid the rent, was subrogate to any rights the assignees of the reversion had against the sureties . At issue was whether assignees of the reversion were entitled to recover rent from the sureties. Having rejected three of the arguments put forward by (P) claiming that the| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37968 (Browse shelf(Opens below)) | 1 | Available | 7825-1001 |
CA 15 April 1987. Appeal by original lessee against decision dismissing claim to recover money due from the defendant sureties in reimbursement of payments made for an underlease of business premises. The plaintiff(P) had assigned the unexpired residue of underlease to a company which went into liquidation owing rent and other sums. The licence to make the assignment was made between the then lessor, the lessee, the plaintiff underlessee, the assignee and the defendant sureties. Neither the assignee nor the sureties entered into any direct covenant with (P). It was accepted both, that (P) was liable to pay the rent to the assignees of the reversion on the default of the assignees of the underlease and also, having paid the rent, was subrogate to any rights the assignees of the reversion had against the sureties . At issue was whether assignees of the reversion were entitled to recover rent from the sureties. Having rejected three of the arguments put forward by (P) claiming that the