Nikhil SHETTY 29 September 2024
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 September 2024
A tenant who hasn't paid rent for six months and has refused the landlord's notice can't seek an injunction order from the court . The Kerala High Court has established that a tenant who hasn't paid rent can't seek protection from eviction.The court views this as a "disquieting litigative trend" and emphasizes that a landlord is the paramount titleholder of the tenanted premises, while the tenant's right to occupy is contingent upon their obligation to pay rent . Allowing a tenant to continue proceedings against eviction would be oppressive and amount to harassment of the landlord, who would be forced to bear a tenant without receiving rent
T. Kalaiselvan, Advocate (Advocate) 29 September 2024
Single bench of Kerala high court, Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay the rent.
It was held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.
Therefore the tenant's injunction suit will not be ebntertained under the given circumstances.
Dr. J C Vashista (Advocate ) 30 September 2024
Let the tenant pay his rent before moving to the Court to seek an injunction, before payment of rent no case is made out and/or maintainable.