Tenant must pay rent to get injunction
The tenants seeking an injunction against eviction as relie, must first ensure that rent is paid up to date, thereby upholding the principle “he who seeks equity must do equity”, states the Kerala High Court in Pramod v The Secretary, The Sultanpet Diocese Society & Another [2024 KER 71174].
Tenants who fail to pay rent cannot expect the court to provide an injunction allowing them to stay on the rented premises without them paying the rent. The failure to pay rent removes the tenant’s right to seek equitable remedies.
If rent is not paid civil court can strike of defence
The civil court can strike off a tenant’s defence in an eviction case if the tenant fails to comply with the court order to deposit arrears of rent so as to prevent prolonged litigation caused by tenants’ lapses, by invoking the power under Section 151 of the Code of Civil Procedure (CPC). This would ensure dispensation of justice to both.
HC Guidelines in this regard
To ensure uniformity in tenancy disputes, the Kerala High Court laid down the following guidelines:
- Tenants seeking an injunction must submit an affidavit confirming that rent has been paid up to the month prior to the filing of the injunction application. If rent has not been paid, they must provide a reasonable explanation for the non-payment.
- In cases of non-payment, the court will consider the tenant’s justification liberally, ensuring fair evaluation.
- If the landlord demonstrates that rent is outstanding, the court will order the tenant to deposit the arrears within a specified timeframe.
- Civil courts will adhere to Section 12 of the Rent Control Act and relevant judicial precedents when determining matters related to rent payment.
- If the tenant deposits the arrears and agrees to continue paying rent, the interim injunction against eviction will remain in place.
- Failure to deposit rent within the required timeframe will result in the dismissal of the injunction order, although the court may extend the deadline for payment under certain circumstances. Also Read – Case Is Extraordinary In Nature: Calcutta HC Transfers Rape Case Of IAS Officer’s Wife To Deputy Commissioner Of Women Police
- If rent is deposited following an extension, the injunction will be reinstated, conditional on the tenant’s continued adherence to future payment obligations.
- Should the tenant fail to deposit rent even within the extended time, the court may strike off the tenant’s defence under Section 151 of the CPC.
Reference
- Pramod v The Secretary, The Sultanpet Diocese Society & Another [2024 KER 71174]
