Rent Control and Eviction – Non-payment of rent – The lis governs four different tenancies – Petitioner-applicant landlord alleges non-payment of rent and has filed applications in the pending SLPs seeking direction for payment of ‘monthly occupational charges’ following the prevalent market rate:
Held: On account of non-payment of rent, the lease was forfeited/determined – However, the respondent-tenant has neither delivered the possession of the property nor paid the rent – Also, the petitioner submitted a report of an independent valuer – The assessment of the rentals, made by the valuer, is @ INR 41/- per Sq.ft. – It is settled that a tenant who once entered the property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate the landlord for such time period after the right of occupancy expires – Prima facie, it is clear that the respondent-tenant had delayed the payment of rent and/or other dues, payable to the petitioner-applicant landlord – This denial of monetary benefits accruing from the property, when viewed in terms of the unchallenged market report forming part of the record is undoubtedly substantial – This order for deposit of the amount claimed by the petitioner-applicant is being passed, to ensure complete justice inter se the parties – It is important to note that when a property is rented out, it is to ensure that the landlord by way of the property is able to secure some income – If the income remains static over a long period of time or in certain cases, as in the present case, yields no income, then such a landlord would be within his rights, subject of course, to the agreement with their tenant, to be aggrieved by the same – Therefore, the respondent is directed to deposit the amount of Rs. 5,15,05,512/-. [Paras 13, 19, 21 and 23]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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