Landmark Judgment: Can Tenants Avoid Eviction Without Paying Rent?

Kerala HC , September 26, 2024: In a significant ruling, a local court has rejected a tenant's plea for an injunction to prevent eviction from a rented property due to non-payment of rent.

The case, involving multiple petitions connected to landlord-tenant disputes, sheds light on the balance between tenant rights and the obligation to pay rent.

The petitioners, who were tenants, sought to prevent their eviction by claiming threats of forcible removal. The respondents, landlords including the Sultanpet Diocese Society, countered by demanding unpaid rent and seeking eviction.

The court examined whether tenants who fail to fulfill their primary obligation (rent payment) can still claim protection from eviction under equitable relief. After careful consideration of the applicable legal provisions, including the Kerala Buildings (Lease and Rent Control) Act, 1965, and relevant sections of the Code of Civil Procedure and Transfer of Property Act, the court ruled against the tenants.

The court emphasized that a tenant who fails to pay rent cannot claim an injunction to prevent eviction. It stated that a tenant must first fulfill their fundamental duty of paying rent before seeking any equitable relief.

In addition, the court allowed the landlords' applications for the tenants to deposit rent arrears within a specified time. Failure to comply with this order could result in the striking off of their defense.

This case highlights the court's effort to balance tenant rights with the responsibility to pay rent. The ruling affirms that equitable relief requires adherence to legal obligations.