വാടക കൊടുക്കാതെ കെട്ടിടത്തിൽ നിന്നും ഒഴിപ്പിക്കരുതെന്ന് ഇൻജംഗ്ഷൻ ലഭിക്കില്ല
ฝัง
- เผยแพร่เมื่อ 13 ต.ค. 2024
- No injunction from court without payment of Rent. In suits were filed by the landlord for eviction and for the realisation of rent arrears. An order directing the defendants/tenants to deposit the rent arrears specified in the petition, within a time limit stipulated by the court; and to strike off their defence can be allowed.
A suit instituted by the tenant seeking a permanent prohibitory injunction from forcible eviction.
The court began the judgment by quoting Milton limned in Paradise Lost
"Perversions of the best things lead to the worst abuses" means that when something good or noble is twisted or misused, it can result in the most harmful or destructive outcomes.
this Court can suggest incorporating a provision in the Code of Civil Procedure, similar to the one available in the Code in Uttar Pradesh, Maharashtra, Punjab and Haryana, by way of a State amendment.
Civil Procedure Code to insert Order XV Rule 5.
tenant is not entitled to institute, or for that matter, to continue the litigation, as the same would be nothing short of abuse of the process of the court. Resultantly, courts will be justified in striking off the pleadings in such cases, to subserve the ends of justice, or in other words, to prevent miscarriage of justice.
i) The tenant, who approaches a court seeking injunction from forcible eviction shall swear to an affidavit - to be submitted along with the plaint - stating that the agreed rent, which falls due up to the month previous to the month of filing has been paid to the landlord and that he will continue to do so, pending the litigation. In case, the rent is not being paid, the tenant shall explain in the affidavit the reasons justifying such non-payment. The same procedure is to be followed in cases where the tenant, as a defendant, files any application for injunction from forcible eviction against the plaintiff.
ii) In all cases where the tenant swears to an affidavit asserting payment of rent and where the tenant makes out a prima facie case that he is a tenant, the courts will generally grant an exparte ad interim order of injunction restraining forceful eviction of the tenant, except in accordance with law.
In cases where the affidavit indicates that the rent has not been paid, the court will address whether the justification offered for such non-payment is prima facie acceptable. Courts should, as a general rule, adopt a liberal standard at the ex-parte stage, while adjudging so. If the explanation offered is prima facie satisfactory, courts should grant an ex-parte ad interim order of injunction, as indicated above.
Iii) Upon the landlord entering appearance, if it is shown that the agreed rent has not been paid - contrary to the affidavit sworn to by the tenant - the court, after hearing the parties, and on being satisfied of the same, will issue an order directing the tenant to deposit the arrears of rent, within a time frame fixed by the court. The same course is to be followed in cases where the Court is satisfied, after hearing both sides, that there is no justification for non-payment of rent.
iv) In adjudicating the question as to whether the agreed rent has been paid or not, the Civil Courts will be guided by the principles of Section 12 of the Rent Control Act, as also, the exposition of law in this regard by the High Court and the Supreme Court.
v) If the tenant deposits such arrears of rent, along with an undertaking to continue to pay/deposit further rent pending litigation, the interim order of injunction shall be made absolute, pending adjudication of the lis.
vi) If the tenant fails to make such a deposit, the interim order of injunction shall be vacated at the first instance, and the court shall grant further time as it deems fit and proper for the tenant to deposit such arrears.
vii) If such a deposit is made, the interim injunction shall be revived on condition that the tenant undertakes to pay future rent, without fail.
viii) If such a deposit of arrears is not made even by the extended time, the pleadings are liable to be struck off invoking the powers under Section 151 C.P.C.
The Registrar (Judicial) is directed to serve a copy of this judgment to all civil courts of the State for necessary guidance and compliance.
For Consultation contact 9895367270
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നല്ല തീരുമാനം. വൈകിയാണെങ്കിലും നീതി നടപ്പാവട്ടെ.
നല്ല ഒരു പാട് അറിവുകൾ തരുന്ന വക്കീലിന് അഭിനന്ദനം. ഞാൻ ഒരു ലാൻഡ്ലോഡ് ആയിരുന്നു. 12 കൊല്ലം കോടതികൾ കയറി ഇറങ്ങി. 4 പേരെ ozippichedukkan. 1975 ലെയ് വാടക ആയിരുന്നു 2010 ലും തന്നു കൊണ്ടിരുന്നത്.
Good decision 🙏... My tenant not paying rent from 2021 and not attending in court.. hope this year i will get RCP case judgement..
I am sharing my RCP case experience, To all Kerala landlords.. whenever you're giving your commercial or apartment building for rent..ask not only security money ask tenant property papers... The RCP case will take 3 years above..and they are not paying rent dues during case time...
It should be .But there are cases in which rent remain in arrears and court order not to forcefully vacate continue .
The judgment is very recent.
I am the new owner of the building and there is no rental contract with me.I gave six months time to vacate and informed through legal notice. Tenant is not vacating and last 8 months he did not pay anything to me, I am going to file case against tenant to vacate. in this case i will get rent arears? The tenant was not having renewed rental agreement also. So in this there is a possibility that tenant will cheat court by saying that he was paying this much amount only.So how we will get correct rental arrears? Is the new verdict is applicable for those tenant who are continuing without rental contract?
can you please reply?
അങ്ങനെ ഒഴിഞ്ഞു പോയാലും കിട്ടാനുള്ള വാടക കിട്ടുമോ
You have to file a petition for realization of rent.
Helo sir, please speak clearly