Court takes tough stand against rogue tenants

August 5th, 2008 - 8:38 pm ICT by IANS  

New Delhi, Aug 5 (IANS) Taking a tough stand against rogue tenants who make false statements to avoid eviction by their landlords, the Delhi High Court Tuesday said courts must effectively intervene to stop this practice. Justice S.N. Dhingra said: “In cases where a tenant takes a different stand in court to defeat the efforts of the landlord to get the premises vacated at the time of need, such an effort must be curbed by the courts effectively by binding the tenant with his earlier statement in respect of the same premises. The tenant’s plea of raising a dispute in respect of the rent admitted by him should not be heard and entertained.”

The court directed Aruna Sarna, a tenant in a Dwarka society flat, to vacate the house within a month to landlord K.S. Patcha.

“The courts and rent controller must keep in mind that the courts cannot be converted into a wrestling field for a trial of tricks where the court has to act as an umpire,” Dhingra ruled.

The court took a serious view after it found that Sarna had admitted that the rent fixed by Patcha as per the agreement was Rs.3,700 in a civil court, but in another case filed before the rent controller, Sarna said the rent was fixed for Rs 3,100 per month.

Patcha, a retired Central Public Works Department (CPWD) employee, stated that he had rented out his house as he was in a government accommodation and after retirement he sought possession of the house.

However, Sarna did not allow him to take possession nor did he pay the rent for months.

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