Sunday, 9 February 2020

Whether tenant is entitled to get permanent injunction against landlord if he has not paid rent for more than fifteen years?

The conclusion of the trial court that the first
respondent-plaintiff vacated the suit property since the year
1991 is fortified by yet another circumstance viz., nonpayment
of rent by the respondent-plaintiff. Admittedly, ever
since withdrawal of earlier suit RCS No.1004/1988, the first
respondent-plaintiff has not paid any rent from the year 1991.
Be it noted, that the appellant-defendant had also not
initiated any proceedings claiming rent or arrears of rent from
the first respondent-plaintiff. After filing of the suit in 2004,
the first respondent-plaintiff has sent a cheque dated
14.05.2005 for Rs.10,395/- towards payment of rent for 189
months thereby admitting that he has not paid the rent for
more than fifteen years. The trial court also observed that the
first respondent-plaintiff has suppressed the material fact that
he has not paid the rent from 1991. The trial court observed
that the first respondent-plaintiff has not come to the court
with clean hands and that he cannot sustain his claim for the
equitable relief of permanent injunction.
15. The First Appellate Court did not keep in view that the
first respondent-plaintiff has not shown that he has paid any
rent after 1991 and that without paying rent, he cannot have
any legitimate right to be in possession of the suit premises.
The party seeking injunction based on the averment that he is
in possession of the property and seeking assistance of the
Court while praying for permanent injunction restraining other
party who is alleged to be disturbing the possession of the
plaintiff, must show his lawful possession of the property.
Having not paid rent for more than fifteen years, it cannot be
said that possession of the first respondent-plaintiff can be
said to lawful possession entitling him to grant of permanent
injunction.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1509 OF 2019

BALKRISHNA DATTATRAYA GALANDE  Vs  BALKRISHNA RAMBHAROSE GUPTA


R. BANUMATHI, J.
Dated:February 06, 2019.

Citation: 2020(1) MHLJ 137.
Read full judgment here: Click here
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