Welcome to SPN

Register and Join the most happening forum of Sikh community & intellectuals from around the world.

Sign Up Now!
  1.   Become a Supporter    ::   Make a Contribution   
    Target (Recurring Monthly): $200 :: Achieved: $98

Legal No protection to tenant after second default in payment: HC

Discussion in 'Breaking News' started by rajneesh madhok, Jul 19, 2010.

  1. rajneesh madhok

    rajneesh madhok India
    Expand Collapse
    SPNer Contributor

    Joined:
    Jan 1, 2010
    Messages:
    516
    Likes Received:
    488
    NEW DELHI: A tenant who fails to pay rent despite court's order cannot seek its protection against eviction from premises, the Delhi High Court has said.

    The Delhi Rent Control Act grants protection to the defaulter tenant if the due sum is deposited. However, such right is taken away if the tenant defaults for the second time, the court said.

    Justice V B Gupta passed the order while dismissing the plea of a tenant seeking setting aside of the eviction order passed by the Rent Controller.

    "When the tenant makes a second default, no protection can be given to the tenant on eviction... the benefit under the Act could not have been given to such a tenant who, despite suffering a decree, fails to pay rent regularly and again commits default," the court said.

    Earlier, the Rent Controller had passed the order in 2008 asking a tenant to deposit arrears of rent for last 42 years.

    However, instead of depositing the sum, the tenant filed an appeal and subsequently withdrew it after six months.

    Noting that the conduct of the tenant following the order for payment of arrears was "callous" and he had no intention to pay, the court said "the eviction order was rightly passed for non-payment of the rent".

    The court also turned down the plea of the tenant that the Act casts a duty upon the Controller to quantify arrear rent and as the same was not done he could not comply with the order to pay.
    http://economictimes.indiatimes.com...default-in-payment-HC/articleshow/6183259.cms

    Rajneesh Madhok
     
    • Like Like x 2
  2. Loading...


Since you're here... we have a small favor to ask...

More people are visiting & reading SPN than ever but far fewer are paying to sustain it. Advertising revenues across the online media have fallen fast. So you can see why we need to ask for your help. Donating to SPN's is vote for free speech, for diversity of opinions, for the right of the people to stand up to religious bigotry. Without any affiliation to any organization, this constant struggle takes a lot of hard work to sustain as we entirely depend on the contributions of our esteemed writers/readers. We do it because we believe our perspective matters – because it might well be your perspective, too... Fund our efforts and together we can keep the world informed about the real Sikh Sikhi Sikhism. If everyone who writes or reads our content, who likes it, helps us to pay for it, our future would be much more secure. Every Contribution Matters, Contribute Generously!

    Become a Supporter      ::     Make a Contribution     



Share This Page