Obligation to Pay Rent Before Seeking Relief
The Kerala High Court recently ruled that tenants cannot seek protection from eviction without fulfilling their legal obligation to pay rent. In the case of Pramod v. The Secretary & Anr and connected cases, the Court held that tenants must discharge their rent obligations if they wish to pursue legal remedies against eviction. The decision emphasizes that tenants cannot seek protection from eviction without paying rent while claiming the relief before the court by not fulfilling their duty to pay rent.
Tenants Must Pay Rent to Seek Injunction Against Eviction
Justice C. Jayachandran, who presided over the matter, stressed that tenants cannot request the discretionary relief of an injunction against eviction without paying rent to the landlord. The Court cited the principle, “he who seeks equity must do equity,” emphasizing that tenants must fulfill their obligations before requesting equitable intervention.
The Court further reasoned that granting an injunction to a tenant who has not paid rent would effectively allow them to remain in the rented premises without fulfilling their duties, which violates the Transfer of Property Act. Justice Jayachandran noted, “A tenant is not entitled to seek injunction from eviction without performing his obligation to pay the rent.”
Guidelines for Tenancy Disputes and Rent Obligations
The Kerala High Court also issued guidelines to bring uniformity in handling tenancy disputes and ensure that tenants pay rent while pursuing legal actions against eviction. Here are the guidelines set by the Court:
- Affidavit for Injunction: Tenants seeking an injunction must submit an affidavit stating that rent due up to the month prior to filing the injunction application has been paid. If rent has not been paid, they must provide a valid explanation for non-payment.
- Liberal Evaluation of Non-Payment: If rent has not been paid, the court will evaluate the tenant’s justification liberally to ensure fairness.
- Order to Deposit Arrears: If the landlord shows that rent hasn’t been paid, the court will order the tenant to deposit the arrears within a specified timeframe.
- Following Rent Control Act: Civil courts will follow Section 12 of the Rent Control Act and relevant judicial precedents to determine rent payment obligations.
Following Rent Control Act: Civil courts will follow Section 12 of the Rent Control Act and relevant judicial precedents to determine rent payment obligations. - Interim Injunction and Rent Payment: If the tenant deposits arrears and commits to continuing to pay rent, the interim injunction will be upheld.
- Dismissal of Injunction for Non-Payment: If the tenant fails to deposit rent as directed, the injunction order will be dismissed, although the court may grant additional time for payment in certain circumstances.
- Reinstatement of Injunction: If the tenant deposits the rent arrears, the injunction will be reinstated, but it will be contingent on continuing future rent payments.
- Striking Off Pleadings: Failure to deposit rent within an extended timeframe may lead to the tenant’s pleadings being struck off, under Section 151 of the Code of Civil Procedure (CPC).
Court’s Additional Observations on Landlord and Tenant Rights
The Court was careful to note that this ruling does not grant landlords the right to take the law into their own hands to forcibly evict tenants. The High Court stated, “This Court does not, for a moment, sanction the eviction of a tenant by the landlord taking law into his hands.” Instead, the ruling ensures that tenants’ rights to seek equitable relief are balanced against their obligations to pay rent.
The Court also held that civil courts have the authority to strike off a tenant’s defense in eviction proceedings if they fail to pay rent or follow court orders to deposit arrears. This power can be invoked under Section 151 of the CPC to achieve complete justice, especially when litigation becomes futile due to the tenant’s lapses. The Court noted that such measures are essential to save the court’s time and curb unnecessary harassment of landlords.
The tenant, who approaches a court seeking injunction from forcible eviction shall swear to an affidavit – to be submitted along
Promod Vs. The Secretary – The High Court of Kerala
with the plaint – stating that the agreed rent, which falls due up to the month previous to the month of filing has been paid to the landlord and that he will continue to do so, pending the litigation. In case, the rent is not being paid, the tenant/plaintiff shallexplain in the affidavit the reasons justifying such
Directions for Rule Amendment and Consideration of Related Petitions
The Court directed the Registrar General to present the judgment to the High Court’s Rule Committee for potential amendments. These amendments may allow for striking off a tenant’s defense in civil court proceedings if they fail to pay or deposit rent as directed.
The High Court delivered this order while considering three related petitions. Two petitions were filed by tenants challenging interim orders to deposit rent arrears in an eviction case initiated by their landlord. The third petition was filed by a landlord who was aggrieved by a civil court’s rejection of his application for the deposit of rent arrears.
Ultimately, the Kerala High Court remitted all three matters back to the trial court for fresh consideration, directing that the trial court re-evaluate the cases based on the High Court’s observations and guidelines.
Conclusion: Upholding Fairness in Tenancy Disputes
The Kerala High Court’s judgment serves as a significant reminder that tenants seeking protection from eviction without paying rent without fulfilling their obligations. By balancing the rights and responsibilities of both landlords and tenants, the Court aims to ensure that tenancy disputes are resolved fairly and efficiently. Tenants cannot claim equitable relief without demonstrating that they have upheld their end of the agreement by paying rent. This ruling will help bring consistency in how tenancy cases are handled, preventing misuse of legal remedies by defaulting tenants.
Disclaimer
The information provided in this article is for general guidance purposes only and should not be considered as legal advice. Readers are advised to consult a qualified legal professional for advice regarding their specific situation or case.
