14 Jan 2010

Abuse by tenant not be permitted: High Court

In a recently decision the Delhi High Court has frowned upon the abusive conduct of the tenant in not paying the lease rentals and also frustrating the attempts of the landlord to assert his rights by pursuing frivolous litigation. The High Court noted that while at one hand the tenant admitted the existence of a tenancy agreement, he sought to argue that the landlord had proposed to sell the land and thus he stopped paying the rent. The Court was, however, not impressed. The High Court observed the need to deal strictly with such abusive conduct. It observed as under;
16. Judgments referred by learned counsel are not applicable to the facts of the present case, as in the present case there is clear cut admission on the part of appellant that he has executed the lease deed. Since execution of lease deed has not been denied, relationship of landlord and tenant is admittedly there. In the garb of alleged sale agreement, lease deed executed between the parties, cannot be overlooked or given a go bye.

17. Present appeal filed by appellant is most bogus and frivolous one. Appellant is enjoying the property, without paying any rent/occupation charges, since October, 2006 and has also no intention to pay the same. Such unscrupulous person who take property on lease and later on claims ownership of the same and then invent a cock and bull story, just to retain possession of the property, should be dealt with heavy hands. Strong message is required to be sent to such unscrupulous persons who wants to enjoy property of others, without paying even a single penny and deprive the lawful owner, who had built the same with their hard earned money. Such persons make the legal and rightful owner to run from pillar to post i.e. from one court to another to seek justice that is, to get their legal dues, such as monthly rent and possession. Appellant to a great extent has been successful in frustrating respondent-owner efforts to get her legal due that is, either the rent or possession. Appellant has been taking re-course to one litigation after the other, just to harass the respondent-owner

18. This appeal is nothing but is gross abuse of the process of law. Appellant has no intention either to pay agreed rent or to vacate the premises. Appellant’s intention is just to grab the property by any means whatsoever.
19. So, keeping in view the unscrupulous conduct of the appellant, since he wants to hold on to the property, without paying for it, the present appeal is dismissed with costs of Rs.50,000/-.

No comments: